Can she do this?
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Can she do this?
This past Monday was our divorce trial. We settled before trial and came up with child support numbers and all the specifics as far as financials. I returned home to Florida. The judge gave my ex and her attorney 60 days to complete the divorce papers. We waived our rights to a trial and the child support and specifics are on record. Now, she emails me today with she does not want to sign the divorce papers because she wants more child support. Can she do this? What can I do?
Asked on July 17, 2018 under Family Law, New York
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Generally, if an agreement was not final (e.g. not accepted and signed by her), she can change her mind and hold out for more; typically, negotiations and discussions are not binding until formally and finally accepted. However, if the agreement was put on the record in court, the court might choose to enforce the agreed-upon number on the grounds that there has already been a court-approved agreement pending only details and paperwork. You can make a motion in court to ask the court to approve the agreed-upon number. If the court will not enforce the agreed-upon amount (or if no specific amount was put on the record in court), then you can ask the court to determine an appropriate amount. You are strongly advised to retain an attorney to help you--procedurally, the motion(s) you will want to make are not easy for a layperson (nonlawyer), and if your ex has an attorney and you do not, you are at a significant disadvantage.
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