Mediation agreement vs consent order


#1

We have been to mediation and departed with signed/notarized mediation agreement for ED , CS/CC, when attorneys went to write final version for consent order to be signed by Judge, I reviewed and did not agree with wording. Her attorney changed the essence and intent of the agreement to Her favor and resulted in great liability and risk on my part. Since the judge has not signed this consent order yet, is this a binding contract? We are due to take this to a judge to decide if the wording is acceptable. I will argue the risk and liability and that I do not and more importantly CAN NOT financially deliver to the terms her attorney wrote. I have also discovered her attorney misrepresented wife’s income and resulted in a wrong worksheet used and a difference of 66% to what she should be paying per the correct worksheet.

Question: can the judge force me to sign the consent order, yes, I signed the hand written mediation agreement, but language and terms have changed in typed version and I have discovered this misrepresentation of income.

IF I refuse to sign, what is the likely course of action from here, go back to mediation, take our case to court to resolve, ??? other? She and her attorney are claiming this is a valid contract and that the judge will make me sign or they will find me in breach of contract.

What is you opinion of this?

Thanks
Felix


#2

The agreement you signed is binding. If you take issue with the wording of the order you need to submit your objections to the attorney and judge within 10 days of your receiving the proposed order. If the wording of the order changes the meaning of the Agreement the judge will not force you to sign it and can order the Consent Order be rewritten as appropriate.