Having a separation agreement changed


#1

Here are the circumstances of the agreement I signed.
I signed over everything to my wife during a time of extreme duress and depression, and in an effort to minimize the impact on my children.
I wanted their life to be as normal as possible and I signed this without having a lawyer even look it over. (threw myself under the bus for my children)

  • 2 houses worth 450,000
  • All the possessions we had accumulated in a 17 year marriage.
  • 1650 dollars a month child support (3 boys 14 and twins 16 y/o) 550 a piece for as long as they were in college (I thought until they were 18). Once my twins graduated, I gave her 600, instead of 550.
  • 500 a month alimony until she got a job (5 or six months, maybe longer, I cant recall at the moment), she never had to work while we were married.
  • I was left with about 600.00 or less each month to live, eat, pay bills.
  • picked up my boys every weekend and fed them etc.
    Before the separation, I was making 75,000 - 80,000 (in the 90’s certain years)
    I was laid off.
    When the separation agreement was signed, I was making about 40,000 (it may have been in the high thirties)
    Over the next couple years I was living and basically paying my bills off a credit cards until the CC companies, cut my credit limits to less than what I owed.
    I was eventually forced into bankruptcy (chapter 13).
    I never missed a child support payment up until all 3 of my boys were 18 y/o and had graduated from High school.

I have been in bankruptcy for a little more than a year.
Today I was informed by the bankruptcy court that “A proof of claim has been filed in the amount of 15,350”, apparently for the near 2 years both of my twins (who are now 22 y/o) went to a local community college on grants and scholarships (not 100% sure if they paid any of that themselves)

What are the chances of me taking this to court and having the separation agreement changed?

Thanks in advance for your time and consideration
Edward P. B.


#2

Without reviewing the agreement, I can’t answer your question definitively, but usually, child support provisions contained in a separation agreement are hard to change. There are advantages to having child support provisions in a separation agreement including obligating a parent to pay child support for longer than the period required under the statutes.