Is a mediation agreement binding if I can’t afford to meet its terms?

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Is a mediation agreement binding if I can’t afford to meet its terms?

I have been divorced for 12 years. We used a mediator and did not go to court. The terms of the mediation stated that pay a lump sum child support payment, half of expenses for the 2 kids and that I set up a college fund. I have paid child support and half of expenses for all these years but didn’t set up the college fund. I have barely been able to make ends meet and my ex wants to take me court now. One of my sons will be 18 next month and one is 15. My ex says she will not take me to court if I sign something that says I will pay her around $30,000 for the college fund I never set up. I only make around $22,000 a year.

Asked on October 14, 2012 under Family Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the mediation agreement that you signed has language that it is deemed a judicially supervised settlement agreement the under the laws of all states in this country it is deemed valid and binding against you. I suggest that you consult with a family law attorney to review this agreement with you and advise you as to what your legal recourse is.


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