Thanks Maggie for the reply.
I just noticed your additional information come up as well after I posted my information request.
Generally these "deal memos" have no enforceability as you can only enforce when there is a Judgment. This appears to be a written note to be complied with by the honor system. I would suggest that you contact the Judge who prepared it to see what the intent was about enforcement. Usually issues of child support and spousal support
are enforce through family court
, not through a civil cause of action (such as a breach of contract claim).
In addition when you are in the process of divorce, you can request temporary orders for spousal support (called pendente lite
) and child support. These are temporary orders you request while you work out the final settlement agreement. This is typically asked after filing for divorce through a notice of motion or order to show cause. Once these temporary orders are issued then those can be enforced if violated. So not sure what the intent was here between the lawyers, other than avoiding to get these temporary orders in place.
Since you are represented, your lawyer is the one who needs to follow up with these enforcements. If this lawyer is not working out for your best interests, I think it is time to move on (I understand this may be eaiser said, than done).
So I would call the Judge first to see what the intent was on enforcement. From there I would request your lawyer to file temporary orders if the final settlement is not going to be worked out any time soon, that is if the "deal memo" cannot be worked out.
Hope this helps you.
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