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Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 33761
Experience:  Attorney with 15 years experience
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My husband has a note that he signed with s ex wife, to pay

Customer Question

My husband has a note that he signed with his ex wife, to pay her 850.00 a mtn. until one or other party dies or remarries. That was 5 years ago. There is not note amount, no interest rate no pay off date. He married me 4 years ago and has paid her every mtn. But, now thinks he has paid her enough. Can he stop paying her?
Submitted: 1 year ago.
Category: Family Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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Was this some type of divorce settlement agreement that they entered into?

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Was this agreement filed in the divorce case as part of the record and approved by the judge?

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thanks

Barrister

Customer: replied 1 year ago.
There was no agreement filed in the divorce case this was a agreement between the 2 of them.
Customer: replied 1 year ago.
The note is not witnessed
Expert:  Barrister replied 1 year ago.

Ok, then since this agreement was presumably intended as spousal support for the ex, then he could breach it and then force her to try and file suit against him for breach of contract. In response, he could file a motion to reopen any divorce case and ask the judge to enter an order stating that he doesn't have to pay any more spousal support to her or at the very least enter an order awarding her some reduced amount for a set period.

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thanks

Barrister

Customer: replied 1 year ago.
She can do this when she signed divorce paper waving spousal support? we are in the state of Colorado
Expert:  Barrister replied 1 year ago.

Ok, if she waived spousal support, then I am not sure why your husband voluntarily agreed to enter into a contract agreeing to pay her the agreed on amount per month indefinitely... But if this agreement was entered into after the divorce was finalized, she could try to enforce it, but he could defend by showing that there was no "consideration" given to him (i.e. he received nothing in return for his promise to pay her) and therefore this is a gift each month that he is free to discontinue at any time.

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thanks

Barrister

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