Thread: Can a marital agreement be discarded if the other party has failed to follow it

Hello

My question is above in the title.

I signed a divorce agreement without a lawyer reviewing the agreement. I have 4 children and the agreement was made mainly with the children in mind. It has been since Oct. 2007 since final divorce has been signed. My husband only follows are agreement when he wants to and rarely sticks to anything.

I know I can file for contempt of court, but he recently modified our child support order, and the Domestic Relations office (DRO), incorporated a few of there own rules, which inturn voided are agreement. For example, our agreement states he pays medical and any other costs involved in medical, however DRO is deducting his portion he pays from my support. My agreement states he is to pay 75% of extra curricular activities, DRO stated at the hearing that since it was not incorporated in the first order that they cannot do anything about it.

I was never informed that by introducing a divorce agreement thru DRO, that it would inturn make our agreement null and void.

He has only followed a few items in the agreement, mainly pertaining to what I received as payment, but has not stuck to the children's portion of our agreement except for private schooling. He was supposed to pay me interest on my so called portion of our house and never did.

I want to have the whole agreement thrown out and do a new one. He had a small business, which we did not include in the agreement and a shop attached to the marital property, which I did not get any marital claim too. Mainly because he did not want to include it (and he is a difficult person to deal with) and I was willing to give it up, because of the portion of our agreement for the children. However, he has modified our order 2 times now and lowered our original child support of 1700.00 a month to 1061 a month, and now I am paying for the medical (makes no sense to me) that they can just void a agreement to you have with your husband.

Therefore I think the whole agreement should be voided. Can anyone help me with an answer?

I want to have the whole agreement thrown out and do a new one. He had a small business, which we did not include in the agreement and a shop attached to the marital property, which I did not get any marital claim too. Mainly because he did not want to include it (and he is a difficult person to deal with) and I was willing to give it up.

I think you should consult your lawyer as he can help you get your original agreement back in action as it was far more favorable and helpful to you as you are the one who is taking care of the kids, you are certainly entitle to the benefits.