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Roger
Roger, Attorney
Category: Family Law
Satisfied Customers: 31530
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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During mediation 9/22/16- income that was disclosed for

Customer Question

during mediation 9/22/16- income that was disclosed for purpose of child support was misrepresented - now, have received motion to enforce settlement as I refuse to sign settlement agreement until child support is re negotiated for fair compromise - this is in GA thanks
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: Georgia
JA: Has anything been filed or reported?
Customer: his attorney filed motion to enforce settlement via mail to Cherokee county superior court that is all -
JA: Anything else you want the lawyer to know before I connect you?
Customer: we did sign memo of agreement at mediation but, it was based on erroneous information as the income presented was not true income -he did not provide DRFA or 401k statement
Submitted: 2 months ago.
Category: Family Law
Expert:  Roger replied 2 months ago.

Hi - my name is ***** ***** I'll be glad to assist.

If you signed the memorandum of agreement at mediation, then the other side certainly has the right to demand enforcement of the agreement as written if all the parties signed off. Thus, you would have to respond to the motion and inform the court that there was an error that you didn't discover until after the document was signed, and ask the court to allow the agreement to be modified in order to correct that issue. Then, it just becomes an issue for the judge to decide.

Expert:  Roger replied 2 months ago.

It is certainly possible to get this done, but you will need to raise the issue with the judge and allow him/her to order any modification to the settlement memorandum.

Expert:  Roger replied 2 months ago.

Please let me know if you have any additional questions. Also, please take time to positively rate our conversation so I may receive credit for assisting. Thanks again!

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