Can she do this?

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption