Ex refused to abide by agreement


#1

If the judge stated that you only need to file the paper work then it is unlikely you would ever need to go back to court. Have your attorney file the appropriate paperwork with that judge and it should be enforced.
I do not know what grounds your ex could take you back to court if it has not worked previously…


#2

No he cannot take you back to court to have the agreement changed or modified, unless a basis exists to challenge the underlying contract. I am assuming since you have already been to court twice the court has already determined the agreement to be valid.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com/live for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#3

So, if I am reading this correctly, unless his income or something of that nature has changed, he can’t take me back to court just because he thinks our agreement is unfair to him. He has already tried to have it set aside once and the judge didn’t. I just don’t want to have my lawyer put the ganishment in effect and him drag me back to court to re-hash what has already been done. Since the garnishment has already been approved and can be put in effect if he is late with his payments or short on the amount (per the judge’s order), he can’t take me back to change our agreement and fight the garnishment. I know as sure as I live, that he is going to short me the 5% increase in August (he has written me a letter telling me so) and he is gonna be really ticked if I garnish his salary, but I am afraid I have no choice. He has already had to pay $11,700 in arrears as ordered by the court and I have given him the chance to abide by our agreement, but since he writes me a check every month, it still gives him control of how much he sends me. If I have the garnishment enforced, that will take this power away from him.


#4

Unless the agreement specifically permits a modification of alimony he cannot take you back to court to modify alimony, even if his income changes.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com/live for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#5

In our divorce agreement, my ex is supposed to give me a 5% increase in my alimony every year. During the first few years he refused to pay the appropriate amount as stated in our agreement and I had to take him to court to get him to pay the correct amount and the amount he was in arrears. The judge stated while we were in court that he was to honor our agreement and if he was a day late or any amount short on the money he sends, it would be an automatic garnishment of his wages. There would not be any coming back to court; it would just be a matter of my lawyer filing the paperwork. Since he was behind over $11,000 I agreed to suspend the 5% increase until he caught up. He finally caught up this past March. Now he is saying he will not honor the 5% increase. It is stated in our agreement that he is to pay these monies and now he is refusing. Since he is breeching the agreement I can have his wages garnished. My question is can he take me back to court again to try to get our agreement changed or to have the agreement set aside? We have been divorced for 7 years and he just does not want to do what our agreement states. I don