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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 92810
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Hi my question is my wife did all the paper work for the

Customer Question

Hi my question is
my wife did all the paper work for the divorce, and she hand deviled it to me we had problems with the #'s and she had to redo it 3 times, every time she got it back to me my side #'s keep going up an up with the TV Fridge ,etc, i told her that i will get it done but she did not want that because i am not so good with paper work, and at the time she know that i did not want the divorce,and if i got it done every thing was going to be divide in 1/2 and she did not want that she wanted to keep most of it ,so she used my feeling for her to have me sign ,to get this done she did not put the 4-5000 of bond on it, and she put the $$ amount that she wanted to pay for child /s then work the day ou son will stay with her knowing that he will not ,she was paying the med for him for 17+ yrs and all my pay was going to bills with hers we have been merry for 20+ and together for 27+ yrs she put on the paper that our son will stay 128+ days with her, and she knew that he will not stay 1 day with her, i asked her to put that in writing apart from the divorce paper work, and she got mad, but i would not sign the paper work if she did not sign mine so she did ,she put 178.00 for c/s and i told her that that was not enough she had to pay 750.00 according to the fl law calculate, i then ask her to raise it after 6 mts ,so she did 250.00 for 6-7 mts i lost my work of 7+ yrs from all the stress this was putting me threw, so things are very tight right now i am still looking for work , i ask her for the full amount of the 750.00 an ask her to back dated it because he [ son ] never stated 1 day there with her, he don't want to, she never ask him she just put that # XXXXX the paper work that she wanted to pay and work the day in to get to the #, and she is seeing some one now when she came to get her thing after a yr+ of stringing me along so i don't get mad an have the paper work re done , she came over to get her things and that is when i know she did not put the bond on the paper work ,first she added all kines of #'s on my side and say that is what i get and she keep the rest, i did not want her to close her 401 k 103,950 so i took the IRA of 24,000 qqnd the condo 58,000 we fixed our house before we lost it all in a bank ropy and she ask me at the time to use my 401 k to fix the house so i did 35-40,000 she then said don't put mine back yet but she keep hers, my question is what can i do to recover the past c/s $$ and the bal of the destitution m$ she said that that was hers ,so i cant have that i, will like to know what i can do or where i stand on this hold thing ,she told me to take her to court for the $$ i did not want it to get to this, she came over an we talk she agreed to pay it and then talk whit her friend ,that did not give her husband a dime ,when the were divorce ,and they all hang out and talk ,her sister that is getting c/s and did a hold lot of stuff before to get, an don't pay, so after she said she will pay the $$ for our child it is all going to bills, i told her that i am not saving it i can't i have to pay bills, and if i close the ira i will have to pay the taxes on it just so i can pay the bills for me an my son now she said to take her to court HELP PLEASE i don't know what i can do or what can happen here PLEASE HELP
Thank You
chris my email is XXX@XXXXXX.XXX
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Did you sign agreeing to these unfair terms she proposed?

Was the divorce filed?

Have you considered getting an attorney involved on your behalf yet?
Customer: replied 1 year ago.

it was done last Nov, and we sign the paper work with the 178.00 on it but that is what she did, with the day 128 day for him to stay there to pay what she wanted to pay, it had to be 750.00 because he is not staying with her so she i had her sign the one saying that he will be staying with her to justified the $ and she know that he will not that is the one that she did not want to sign i had her wright it and sign it but all that paper work was sign for the divorce, is there any thing i can do to get the full amount for him not staying with he i did know what i can do or what i can do please help

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

Your only option here to fight this and get this unfair agreement thrown out of the court is to now play hardball with her. This means going to court and filing a motion to vacate settlement agreement and argue that she used coercion, fraud and threats to force you to sign the agreement and did not give you full disclosure.

Unfortunately, though this means you actually have to go to court and really it means that based on everything that you wrote above and the way she has been able to force you to do things, you must get an attorney involved so they can convince the court that you were a victim of fraud by her to get you to agree to this and this can be a tough case that is going to take some legal arguments and some case research to get the court convinced to undo what this agreement does.

If you want to get out of this and get something fair and get your full amount, then this is legally what you have to do to protect your rights.



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This is NOT the practice of law nor is it legal advice to you, it is merely educational information for you to use to seek out a licensed attorney in your state to get actual legal advice from them. Please use sites such as http://www.martindale.com or http://www.lexmundi.com or http://www.hg.org to find a local attorney to get actual legal advice in all matters.

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Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
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JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law