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I don’t normally write these posts while sitting in court. However, when inspiration hits, it’s normally good to go with it. My client today was victimized. He signed up for a quickie, “uncontested” divorce several years ago. All of the outstanding issues were resolved and he moved on with his life, supporting his child, obeying the Order…or so he thought.
The Order requires him to purchase a car, at a certain minimum value, for the child on the child’s sixteenth birthday, “period.” No language about who owns the car, who insures the car, who pays to maintain the car. Nothing. Just so happens, my client was deployed with the Navy on the child’s sixteenth birthday, so he could not make the purchase on that date. He meets with the ex upon return and secures what he thinks is an agreement to put off buying the car until the next summer. Ooops! Wait…ex meets new fiance’. Deal is off and she files a contempt action.
As I sit here, waiting to try the case to the Judge, I hear testimony from a line of cases that, at their core, basically have the same issue: The Devil in the Details. These agreements sound good, and everyone is happy until the time comes to abide by the agreement. Then, invariably, these two individuals, who are divorcing because they can’t communicate, disagree on what the words in the agreement mean or require them to do. Here’s a good article on how quick fixes can cost you:
I don’t know what’s going to happen with this case. The Judge may side with us, but it could just as easily go the other way. What I do know is this: this couple is headed for court again when it is time to send the child to college. My guy agreed to pay for “college expenses.”
If you are contemplating divorce, come see me. I will work at your pace and point out the strengths and weaknesses of any proposed agreement. Call me at (251)445-0891 or email me at ron@mcbaylaw.com. I will help exorcise the devil from your details.
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