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AttorneyTom
AttorneyTom, Lawyer
Category: Family Law
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Ive been divorce for 21/2 yrs. The settlement has been done

Customer Question

I've been divorce for 21/2 yrs. The settlement has been done for 2 yrs. I gave him the dogs but, was agreed that there would be no papers on the dogs because they have heart worm and I didn't want them to have pups in that conditions. He verbally agreed in front of both his lawyer and mine. Now 2 yrs later he wants papers on them or he won't pay me my alimony due Dec 1st. unless I sign them over. What can I do? MB
Submitted: 6 years ago.
Category: Family Law
Expert:  AttorneyTom replied 6 years ago.



Even if you placed a deposit or have a subscription



Thank you for your question!


A party to a settlement isn't entitled to unilaterally modify the settlement.

Once a court approves a divorce settlement, it is enforceable by the courts.

If one spouse refuses to comply with the terms of a settlement, the other spouse may motion for contempt. The court can then sanction the noncompliant spouse for refusing to comply with the court's order.


Please do not shoot the messenger.
If you need clarification, please feel free to ask using the
Reply feature.



Sincerely,


_____________________________________

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Customer: replied 6 years ago.
Can he take me to court after 2yrs as passed? He just started in on this in the past 3 months about the dogs papers. It wasn't mention in the settlement that he gets papers on them. But he thinks now he can blackmail me because of payment is due on alimony.
Expert:  AttorneyTom replied 6 years ago.



Even if you placed a deposit or have a subscription



Property settlements aren't typically subject to modification unless they are obtained through duress or fraud.

However, a spouse may potentially petition to modify or terminate alimony based on changes in the circumstances of the parties involved. That said, until such a time as alimony is modified, one spouse isn't entitled to withhold alimony to use the court ordered sum as a hammer with which to coerce the other spouse. Refusing to pay alimony pursuant to an existing order can result in a finding of contempt.


Please do not shoot the messenger.
If you need clarification, please feel free to ask using the
Reply feature.



Sincerely,


_____________________________________

Disclaimer: By engaging in this correspondence, you agree to and understand the following:
No attorney-client relationship is formed through this correspondence. The following information is provided for educational purposes only and is not legal advice/legal services. Correspondence through JustAnswer is visible to the public and is not confidential.Customeris not familiar with your situation and could not possibly provide legal advice/legal services through JustAnswer. Customerdoes not claim to be licensed to practice law in your state. The information provided in this correspondence cannot and should not be relied on for legal purposes.
If you need legal advice/services you should visit a local attorney as soon as possible. You can find a local attorney using
Lawyers.com, Martindale, a Local Lawyer Referral Service, or a Local Legal Clinic (if you cannot afford an attorney).

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