QUESTION
Can a mediation agreement that has been signed by all parties including attorney's be revoked due to child support?
Asked on May 24th, 2013 on Child Custody - Massachusetts
More details to this question:
My ex wife & I have been divorced for almost 4 years now. My ex wife tried to commit suicide twice, one by taking pills & the other pulling a gun out in front of her family. Both times my youngest daughter 15 witnessed it. I'm trying to get custody so we went to mediation & both agreed & signed the MSA (both of our attorney's were present & signed). Now she wants to try to revoke the papers because she thinks she got screwed. Do you think the judge will allow this?
2 ANSWERS
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Probably not, but that is really a question you should put to your attorney.
Answered on May 27th, 2013 at 7:38 PM
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You have presented a complex question, so it is not possible to give you a simple answer without reviewing the documents and knowing more facts. It appears unlikely that she would not prevail. However, it may be possible for her to file a Rule 60b motion alleging one of the basis for revocation- such as fraud. Yet, she was represented by counsel and that fact is compelling. Additionally, if there was judicial inquiry at the time the mediation agreement was incorporated into a modification judgment, (ie- if there was a presentation of the agreement to the court in which it was judicially determined that each of you understood the agreement, freely and voluntarily signed) it is unlikely she will prevail.
Answered on May 27th, 2013 at 7:31 PM