QUESTION
Wouldn’t you think my ex would be questioned on the fact that he supposedly provides a top-dollar private daycare, drives around fancy vehicles?
Asked on Jun 13th, 2013 on Divorce - Michigan
More details to this question:
My soon-to-be ex-husband and I went into mediation, both agreed to and signed off on the MSA. This was back at the beginning of April. We have not gone into court and obtained the judges signature yet. Situation: He does not work, no proof of an income. He lives at home with his father (our daughters Grandfather). The Grandfather is worth millions so he pays for absolutely everything! I provide the health insurance for myself and our daughter, which I am reimbursed our daughters portion by check from the Grandfather! My soon to be ex stated that he provides the private schooling for our daughter, but obviously HE does not since he doesn't have any income/job , the Grandfather is paying for the private schooling. My soon to be ex drives a Hummer (H2) , has a Trans-Am , and also a souped-up Chevy Avalanche, 2 motorcycles, and now a new ATV. He and I agreed in the MSA that he will take out his own insurance plan for our daughter and provide the health insurance. I asked my current lawyer if this MSA CAN BE OVERTURNED since we both signed off on it at mediation. My lawyer said 1) NO IT CANNOT BE OVERTURNED, but then said 2) his lawyer could argue that the MSA contract is “unperformable due to impossibility” , I am assuming this means due to my not being financially capable of providing a plan for our daughter. (Which is interesting then, because how then would his lawyer be able to make any statement saying that the Father provides anything ? Daycare, food, clothes, toys, diapers/formulas, etc. Wouldn’t everything be “Unperformable”? Does this make any sense to anyone out there ? Please someone try and help me understand this situation and if this is even possible. It seems to me that the court does not care if the ACTUAL PARENT can provide for the child just as long as the child somehow is provided for.
2 ANSWERS
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Your husband does not work, so he has no income. His father give him things, but that money is not income, unless your husband can count on it regularly. I don't think that this will do any good, but you good ask granddad if he really wants his grandchildren to suffer. You should have gotten something in the prenup.
Answered on Jun 14th, 2013 at 12:23 PM
Divorce Attorney serving Bloomfield Hills, MI
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Catchick Law, P.C.
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Overturning a signed MSA is usually very difficult to do, but not impossible. You will likely need to prove fraud or misrepresentation on the part of your ex, or mutual mistake. I would kindly but strongly recommend you ASAP consult with at least 2 or 3 local-area Family Law Lawyers, to assess your chances at overturning the signed MSA. Considering the facts you have presented, under the Michigan Child Support Formula, your ex likely should have been "imputed" with income when calculating child support. Also, if his rich Grand Father pays all his bills, that can be taken into consideration when assessing the Parties' respective child support obligations. I wish you all the best of luck.
Answered on Jun 14th, 2013 at 11:43 AM