Marital settlement agreement

#1

me and my spouse signed a marital settlement agreement in 2008. we didn’t turn it in to the court yet and we signed another one this year 2018 but it wasn’t notarized the settlement we signed in 2008 was signed by me,my wife and my attorney as a witness can i still use them for our divorce settlement

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#2

Without knowing the content of the two Marital Settlement Agreements, I’m not fully in a position to give an opinion. In general, Marital Settlement Agreements are binding and enforceable from the date of signing, but the fact that you signed a second one seems to indicate that neither one of you wanted to enforce the first one. You are definitely best off having an attorney review both documents to guide you in whether or not pursuing the validity of the 2008 agreement is a good idea.

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#3

Once ex-spouse remarries (divorce filed in California) is she still entitled to the amount of Military retirement that was awarded at time of original divorce?

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#4

Yes, she is still entitled to the same amount of military retirement.

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#5

My ex-husband is refusing to pay for an unexpected medical bill. In short, I signed my son up for a social skills group and was assured that it was free and covered by insurance. Turns out, I was wrong, and now there’s a bill for almost $2,000. I asked him to pay for half, and he isn’t, saying that he only approved of it because it was free, and it’s not necessary. Is he right? What can I do to collect. We share 50/50 custody and rights, even though I don’t allow my son to go over there anymore 50% of the time. That’s another forum question…

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#6

Assuming that you have a court order to equally divide uninsured medical expenses, you will want to follow the procedures outlined in form FL-192, which is called the Notice of Rights and Responsibilities. If he fails to reimburse you, then you can take him to court to request the reimbursement.

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#7

Cristin,

Thanks for the quick reply.

My ex-husband is now offering to pay me $20 a month until the medical debt is paid off. At that rate, i wouldn’t get the half he owes until nearly 4 years has passed! Do I have any recourse to pursue in getting him to pay the full amount now? Or do I have to accept the conditions he’s presented?

According to our Marital Settlement Agreement, “each party shall pay one-half of expenses related to child care” and “each party shall pay one-half of uncovered medical, dental, therapy, or other health care costs incurred by or on behalf of the minor child”.

He’s claiming since this was optional therapy and that i presented it to him as being “fully covered”, that he can pay incrementally- so long as the payment is eventually made in full. This seems totally unreasonable!

Can I take him to court to get the full amount due from him, or bro I have to accept the conditions he presented?

  • Brenda
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#8

You can absolutely take him to court to get the full amount due, but the judge can order a “reasonable” payment plan in his or her discretion, although you could also ask for interest on the owed amount.

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