QUESTION
Will a California court allow her to change the new arrangement and give her the ability to take action against me to collect the total immediately?
Asked on Aug 27th, 2012 on Divorce - Florida
More details to this question:
My divorce was final October 2011. I agreed to pay a lump sum of $4000.00 to my ex by November 2011, but due to lack of work, I was not able to do so. February of 2012 she agreed to accept $100.00 payments until I got back on my feet but is now saying that the deal is off. She has deposited (4) $100.00 payments. Thank you.
5 ANSWERS
Family Law Attorney serving Calabasas, CA
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Shulman Family Law Group
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You agreed to pay the lump sum previously. If there is an order to pay, then you could be guilty of contempt, by disobeying the order. If you do not have the ability to pay, but pay something then maybe not. More info is needed. Keep paying regularly and keep proof.
Answered on Sep 06th, 2012 at 4:07 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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Yes. If they were not made a court order she can do as she wants.
Answered on Sep 05th, 2012 at 11:08 AM
You need to file papers with the court to force her to abide by the payment modification agreement. If you do nothing, she can try to collect the entire amount because that is the only formal order in existence.
Answered on Sep 05th, 2012 at 10:22 AM
Family Law Attorney serving Temecula, CA
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Landon Rainwater Robinson LLP
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She can go to court and ask the court to order you to pay according to the terms of the original agreement.
Answered on Sep 04th, 2012 at 9:42 PM
You might have grounds for continued payment at $100, since she did verbally agree to the change and accept the payments. It is, however, not open and shut. It will depend upon whether or not you are 'back on your feet'. If so, I think the original agreement stays in place.
Answered on Sep 04th, 2012 at 1:55 PM