QUESTION
Does the agreement we came to via text count as a binding part of our contract and am I safe?
Asked on Jun 28th, 2013 on Divorce - Nevada
More details to this question:
I signed a Separation Agreement in my divorce stating that I would agree to pay my ex biweekly via a deduction order. I've spoken with her via text message at length about the possibility of my changing jobs, and she's agreed that if there is a hiccup in resubmitting the IDO paperwork at my new job, it would be acceptable for me to simply mail her a check. I'm still worried, though, that even having reached this agreement, she could pursue me for contempt of the court order if she felt like it.
3 ANSWERS
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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So get together and stipulate to change the method of payment and provide an Order for the Judge to sign approving the stipulation. It's not hard.
Answered on Jul 02nd, 2013 at 4:54 PM
Personal Injury Attorney serving Reno, NV
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Law Offices of Jill K. Whitbeck
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So long as you continue to pay, no court would hold you in contempt. And if she attempted such an action while being paid (albeit in a different form) the court would like be ticked off for filing what amounts to a frivolous motion (based on your text evidence of an agreement) and sanction her your attorney fees. Make sure you have the texts in a format that can be readily printed to include the entire thread, to/from, and date (preferably also with time). Keeping them on your phone is not good enough.
Answered on Jul 01st, 2013 at 4:18 PM
Family Law Attorney serving Las Vegas, NV
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Law Offices of Webster & Associates
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You need to get any agreement in writing. It could be an amendment to your separation agreement or a Stipulation and Order if it is filed with the court.
Answered on Jul 01st, 2013 at 1:01 PM