This is kind of long and complicated but here it is in short;
On 12-21-2000 I signed a “ridiculous” separation agreement
-in part it awarded my ex $400 a month Child supt. & $400 a month Alimony as well as being financially responsible for quite a few other things. Shortly after signing we both agreed that I would never be able to make these kinds of payments.
On 10-25-01 we signed a revised S.A. that was the same as the first but reduced each payment to $150 monthly. (she got a check for $300 each month). This second agreement was notarized just like the first one but the notary conveniently forgot to sign.
In January of 02 she filed a Breach of Contract saying I was not paying the entire amount we had agreed on. Even though she had been getting the $300 check monthly.
On 2-11-02 we went to court for the Breach and our divorce. Same day. I asked for a continuance on the breach suit as I had not yet retained counsel. When I asked for the continuance, The judge sent me out in the hallway with my ex’s Atty who had me sign a “Memorandum of Judgment Order” that stated the case would be continued until March and I would pay my ex 92.50 a week starting 2-15-02 and continue every other week there after. How I could be forced to meet with my ex’s lawyer while I was asking for time to retain my own is beyond me and seems unethical.
The case was continued. My divorce was granted. And I began paying the $400 a month. I have never paid anything more.
On 3-03-03 we went back to court for the breach suit that had been held open for over a year. This time she was represented by the Child Support Agency. She was looking for arrears, disputing that $300 was our agreed total. She still wanted $400. The judge ruled on the courts most recent order (the 92.50 a week memorandum from 2-11-02) and had me pay $400 a month C.S.
No problem. But in the ruling judge wrote this;
-Court found that parties disagree about whether defendants obligation was decreased by the 2nd S.A. which was tendered to the court. And about “the classification of the obligation as C.S and/or alimony. As such the court determines that the issue of the arrears owed and their nature as support or alimony should be resolved by the parents outside of court.”
Fine. $400 payments went through the CS offices. And that’s all I paid. That’s all she asked for. In 2004 my son moved in with me. We stopped the payments and ex asked for no more money pertaining to CS OR alimony.
2006 son moves back with ex. I start payments again. blah, blah, blah.
Son turns 18 a year from now. Ex says she will expect the $400 to continue (as Alimony). $400 is what I’ve been paying (for 9 years) Child support should cease next year. Am I obligated to continue $400 payments to ex? Even though this or these Separation Agreements have been basically flung out the window by both parties.
Ex is the proud mother of a brand new baby girl. New man living with her. She will not remarry because the 2nd SA stipulates alimony until remarriage. The first SA has no stipulations ( just states an amount).
What kind of options do I have with this mess???