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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 37669
Experience:  I provide family and divorce law advice to my clients in my firm.
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I was married and divorced in Tn. theMda was signed and noterized

Customer Question

I was married and divorced in Tn. theMda was signed and noterized and said I got alimony payments - in solido . He is not paying now saying I got remarried and in the court transcript it says that if I got remarried I would not get my alimony. What is law the noterized Mda or tje court transcript.
Submitted: 4 years ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 4 years ago.

Thank you for your question.

I will do my best to assist you with your issue. While I am permitted to provide you with legal information, I am prohibited by JustAnswer.com as well as various state bar associations from giving specific legal advice, provide representation, or enter into an attorney-client relationship through this open and non-confidential forum. Do you understand and agree to these provisions as well as JustAnswer.com's disclaimer?

Sincerely,


Dimitry Alexander Kaplun, Esq.

Customer: replied 4 years ago.
yes this is ok
Expert:  Dimitry K., Esq. replied 4 years ago.
Great, thank you for your follow-up and your agreement.

Just to make sure I understand. You were divorced, and in your original divorce decree you were awarded alimony. Alimony was not lifetime, but would cease when you would remarry. You did remarry, but prior to it you signed a different document. Is that correct? What was the document?
Customer: replied 4 years ago.
no that is not correct---In the final MDA I was awarded $30,000 alimony to be paid to me at $400.00 a month until it was paid off (30,000). In the MDA that was signed and noterized it was stated that he had to pay that alimony IN Solido -- but his lawyer went back to the court transcript and in the court transcript which took place on Nov 29th 2007 it said in that transcript that if I remarried the alimony would stop. --but in the final papers (MDA) signed in Jan 2008 it said that he would have to pay that alimony in solido and did not say anything about if I remarried. But his lawyer is saying that we have to go by what was said in court and not what was said in the final MDA. I want to know which paper do we go by --the court transscript or the MDA that wwas signed by both of us and noterized.
Expert:  Dimitry K., Esq. replied 4 years ago.
Thank you for your follow-up.

Unfortunately his attorney is correct--you go by the final court ordered-decree and not by the transcript. In that situation you end up losing the remainder of the alimony owed. However you can still choose to take him to court, claim that the error was minor and "harmless", and that the intent was based on the MDA that was signed, and not what was ultimately mistakenly put into the decree. In this situation you have a fairly good chance of resuming alimony, but you will need to retain counsel to take your ex to court--there is unfortunately no other way around it.

Hope that helps.

Edited by Dimitry Alexander Kaplun on 9/1/2010 at 10:01 PM EST

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