Modificiation of 20K Lump Sum

[oliviasgrace]

What is the name of your state (only U.S. law)? Michigan

In September of 2004. I appeared in front of the court and thus signed a paper saying I agreed to and wanted a lump sum payout on my ex's support obligation. I received 20K.

Previously, his obligation was $456 monthly. This new equation was figured at $200 a month. I took the money and bought a mobile home. It may also be relevant to note that my then 11 year old daughter was in beginning the process of dying at the time I signed the paper. She passed two months later. Everything that was happening at that time was an extreme blur, including making this deal.

I revisted the court, and their Friend of the Court lawyer lifted the deal and restarted ex's obligation. I got a notice from his atty. stating they are going to court next week to file a motion to enoforce previously signed agreement.

Interestingly enough, I have lived in this mobile home now for 49 months at the time of reinstatement of support. That was more than enough time to satisfy the repayment of the 20K based on $456 a month.

Do I need to show up for the motion filing next week? Do I need to bring a lawyer? What happens at that time? Does it sound like the previously made agreement may be valid, given that the FOC attorney agreed to lift it? Lastly, would this be the time and place to ask the court to hold my ex responsible for maintaining medical insurance on our child? He is currently on Medicaid. I have recently learned my ex does have insurance available to him.

With sincere thanks in advance.

 

[nextwife]

I'm confused.

You agreed in court to what, a PREPAYMENT of a lump sum to be considered as child support for whatever period of time?

You then were paid the money, which you used to cover the cost of your home?

You then filed to restart CS payments?

Am I correct so far?

Are you then planning to pay him the money back with interest, if you do not desire the agreement anymore?

 

[oliviasgrace]

Nextwife:

I appreciate your confusion. It happens to all of us.

I actually became confused because you replied without a nary of an answer as to what I asked.

If you have any answers to the specific questions, I would be grateful. Your answer, as it stands still leaves me where I was when I originally posted. Thank you in advance.

 

[Gracie3787]

What is the name of your state (only U.S. law)? Michigan

In September of 2004. I appeared in front of the court and thus signed a paper saying I agreed to and wanted a lump sum payout on my ex's support obligation. I received 20K.

Previously, his obligation was $456 monthly. This new equation was figured at $200 a month. I took the money and bought a mobile home. It may also be relevant to note that my then 11 year old daughter was in beginning the process of dying at the time I signed the paper. She passed two months later. Everything that was happening at that time was an extreme blur, including making this deal.

I revisted the court, and their Friend of the Court lawyer lifted the deal and restarted ex's obligation. I got a notice from his atty. stating they are going to court next week to file a motion to enoforce previously signed agreement.

Interestingly enough, I have lived in this mobile home now for 49 months at the time of reinstatement of support. That was more than enough time to satisfy the repayment of the 20K based on $456 a month.

Do I need to show up for the motion filing next week? Do I need to bring a lawyer? What happens at that time? Does it sound like the previously made agreement may be valid, given that the FOC attorney agreed to lift it? Lastly, would this be the time and place to ask the court to hold my ex responsible for maintaining medical insurance on our child? He is currently on Medicaid. I have recently learned my ex does have insurance available to him.

With sincere thanks in advance.

Yes, you should appear in court.
You can bring an attorney, but you are not legally required to.

 

[thedoctorisin]

I second the advice that you should appear in court.

And you should definitely bring an attorney. Contract law is very complicated, and you stand very little chance of being able to defend the validity of the new agreement against whatever technical legal arguments your ex-husband's attorney will be using to try to invalidate it.

 

[oliviasgrace]

What can I expect to happen at this hearing?

 

[tranquility]

What can I expect to happen at this hearing?

You see, here's the thing about life and how we treat people. Nextwife is a rarity on the list. She is an attorney who actually practices in this topic area. She knew, even if you didn't, this was the real question you were asking. She asked a few questions which would need to be answered before anyone could even hazard a guess.

But, you blew her off because she didn't answer *your* questions. I wonder what the odds are of her stopping back by and teasing a bit more information from you before spending the time and formulating an answer?

 

[stealth2]

You see, here's the thing about life and how we treat people. Nextwife is a rarity on the list. She is an attorney who actually practices in this topic area. She knew, even if you didn't, this was the real question you were asking. She asked a few questions which would need to be answered before anyone could even hazard a guess.

But, you blew her off because she didn't answer *your* questions. I wonder what the odds are of her stopping back by and teasing a bit more information from you before spending the time and formulating an answer?

Actually, as far as I know, nw is not a lawyer. But she is very knowledgeable, as are many of us. Most of whom won't bother to now take the time to help OP. Too bad, so sad - pay a lawyer.

 

[oliviasgrace]

When I asked what I can expect to happen at this hearing, I meant it more from a point of routine. I was not clear that I was not asking for someone to imagine the end result of the case itself.

When a motion is filed during next week's court date (this is the wording on my paperwork), will the judge be hearing both side's arguements and deciding and rendering his final decision? Or, is 'filing a motion' more a procedure in which he looks at the two sides and says 'filed, come back in a month to argue your points', or any other scenario I have not listed?

 

[stealth2]

I'm confused.

You agreed in court to what, a PREPAYMENT of a lump sum to be considered as child support for whatever period of time?

You then were paid the money, which you used to cover the cost of your home?

You then filed to restart CS payments?

Am I correct so far?

Are you then planning to pay him the money back with interest, if you do not desire the agreement anymore?

NW - what I understood from the post is that OP signed an agreement to get the support paid up front, at a lower rate than originally expected. 4 1/2 years down the road, she's decided she made a crappy deal. Dad is saying "I don't think so!"

 

[jbowman]

Im even more confused because OP states that the child died two months after she received 20K in child support. Was it arrears she was paid for? Because how can anything be refiled if there is no child to support?

I missed something big in the original post, I guess.

 

[nextwife]

NW - what I understood from the post is that OP signed an agreement to get the support paid up front, at a lower rate than originally expected. 4 1/2 years down the road, she's decided she made a crappy deal. Dad is saying "I don't think so!"

I understand that, but there is a "time value" to money that she has left out of the equation. $20,000 as a lump sum, to use and invest, all at once and upfront, has a DIFFERENT dollar value than $20,000 paid out over five years in installments of X dollars.

If a NCP OWES $20,000, interest is attached. If NCP had USE of that $20,000 and were only paying a MONTHLY payment, he'd still potentially have whatever the $20,000 would have earned him during that time. Or still have paid whatever interest was charged him on a loan of that amount.

 

[Just Blue]

When I asked what I can expect to happen at this hearing, I meant it more from a point of routine. I was not clear that I was not asking for someone to imagine the end result of the case itself.

When a motion is filed during next week's court date (this is the wording on my paperwork), will the judge be hearing both side's arguements and deciding and rendering his final decision? Or, is 'filing a motion' more a procedure in which he looks at the two sides and says 'filed, come back in a month to argue your points', or any other scenario I have not listed?

Since you felt the need to be a nasty snot to one of the members who asked some questions for clarifaction...go pay an attorney.

 

[adviceplease1]

Im even more confused because OP states that the child died two months after she received 20K in child support. Was it arrears she was paid for? Because how can anything be refiled if there is no child to support?

I missed something big in the original post, I guess.

It is the son that she is talking about, the daughter is most likely from another realationship, but is the reason why she agreed to the payoff because everything was a "blur" during the time of her daughter passing.

The child support and the payoff is for a son.

"Lastly, would this be the time and place to ask the court to hold my ex responsible for maintaining medical insurance on our child? He is currently on Medicaid. I have recently learned my ex does have insurance available to him".

 

[oliviasgrace]

Thanks to the ones who kindly suggested I seek opinion of lawyer. That is exactly the kind of info I requested from the group, and it was appreciated.

I have done that...two actually... and we are ready to show up and get what will be best for my son.

Most of you are so pleasant, non judgemental and compassionate...I'd certainly recommend anyone come here for some quality support in times of uncertainty.