QUESTION

My ex-husband and I did divorce mediation last summer, and it was decided that I would be awarded at 100% a joint savings account we opened in 2005

Asked on Jun 05th, 2012 on Family Law - Arizona
More details to this question:
that held money we received for wedding gifts$1200 as well as money our son received after being born in 2010 $1000. Also during the proceedings my ex brought up a bank overdraft account that was tied to a home we purchased in 2006 and contained $2600, equal to two months of house payments. It was decided during negotiations that we would split the bank overdraft account. For the past several months I have been asking for the final cash amount I was awarded be given to me, he has finally relented but has deducted 50% of the savings account from the total, and refuses to acknowledge the overdraft account exists. He now claims he was confused and the savings and overdraft are the same, though the amounts and dates(of opening the accounts) do not match his claims.does confusion matter in the eyes of the court when we agreed to split an account that doesn''t exist? Do I take him to court for this, or do we renegotiate our settlement and start over from scratch? Thank yo
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1 ANSWER

If you can show these are two separate accounts, and if the divorce decree divides two separate accounts (e.g. if the paperwork itself isn't "confused"), then you have a right to enforce the orders to receive your share of funds. With that in mind, it is still a good idea to try to reach an agreement on the appropriate outcome rather than risking a negative outcome with the court.
Answered on Jun 06th, 2012 at 10:04 PM

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