Which court handles ambiguity in Property Settlement Agreement?
Asked on Feb 22nd, 2013 on Family Law - New Jersey
More details to this question:
The plaintiff and I were married. We have a 4 year old settlement agreement that is ambiguous. She believes it says I am to pay child support and 50% college. I know it to say I am to pay child support until child enters college at which time I am to pay 50% college costs. How do I resolve this? What court do I seek? No order involved...yet.
This is known as post judgment relief. You go back to court after the judgment of divorce is finalized to clear up other issues. You will have to complete a new CIS and if income levels have changed support may change. If the child is living at college, then you would most likely be paying for college, not support plus college. Child support is usually based, in part, on the number of nights the child spends in the home. Good luck
Mr. Bredin,
In all likelihood, you would go back to the same court which granted the divorce. However, I can't say for sure, unless I review the Settlement Agreement and get more information from you.
I head a law firm that devotes it practice exclusively to New Jersey Divorce and Family Law matters. I recommend that you schedule what we call an Assessment. At the Assessment, I would sit down with you, review the Agreement, get all of the facts and give you my thoughts. We charge a flat fee of $375 for the Assessment.
If you want to set up an Assessment, please call us at 973-455-1220. To find out more about my law firm, please take a look at our website, which can be accessed at www.salvaggiolaw.net.
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