In a rush to get divorced, I signed an ‘un-modifiable’ maintenance agreement.
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In a rush to get divorced, I signed an ‘un-modifiable’ maintenance agreement.
How ‘un-modifiable’ is ‘un-modifiable’? Is there a way out, or do I have to wait until someone sweeps her off her feet or I die? I am to a point that almost my entire paycheck is garnished. This is for the state of Missouri.
Thanks
Asked on August 2, 2017 under Family Law, Missouri
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
As a general rule, an agreement is enforceable as per its plain terms. If the agreement says it is "unmodifiable," then most courts would conclude it is just that. That said, an agrement is enforced by its terms (i.e. by its *exact* language) and different judges see things different ways; if this is economically killing you (which seems to be the case), bring the agreement to a reputable local divorce/family law attorney (you want a local lawyer, since they will know how the local judges tend to view things) to review with you, to see what options you might have.
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