AboutJeff Laatsch Expertise WA Law with respect to family court issues: order to show cause/notice of motions, establishing or modification of an order, custody, visitation, child support, parenting schedules, mediation, preparations and filings of all documents: International relocation experience: Create a win/win/win situation between Mom-Children-Dad...
Experience Self taught and experience with working with various Court Clerks.
Expert: Jeff Laatsch Date: 7/16/2008 Subject: Ex-Wfe trying to amend the final judgment
Question Hello Mr. Laatsch,
My ex-wife is trying to get the final decree amended only TWO months after it was signed off by the judge. I just received a summons and must respond within 20 days. I have already contacted my attorney but I haven’t heard from her yet. The final decree states “The Husband shall use all due diligence and good faith to refinance the mortgage so as to remove the Wife’s liability for the same. The Husband shall attempt to refinance it within 90 days and, if not successful, shall continue to attempt to do so on every one year anniversary of this judgment thereafter until accomplished.”
Let me give you a quick background about the house; because WE decided to consolidate all our debt into the house during our three year marriage it caused us to be “upside down” on the mortgage…in other words there’s negative equity on the house. The mediator was aware of this which is why I would assume the language is the way it is. I did attempt to refinance the house and it was declined due to the obvious. I think that she thinks I’m intentionally trying to keep her name on for spite which is ridiculous since a re-fi would actually bring the payment down. She now wants the language to be modified to read “Husband shall finalize the refinancing of the mortgage by 12/31/2008” (we were officially divorced 4/9/2008)
She also wants to amend another clause that states she must pay within 90 days of the judgment a contribution to our joint credit line of $1,800 to instead read “(which has already been paid by Former Husband) This contribution shall take the form of 18 monthly installments until paid in full.”
My question is: will a judge grant this? In any case I believe that SHE should have to pay my attorney’s fee for having to defend this. Can she be found in contempt since she has not made the $1800 payment? Can I now try and revise a couple of things as well? If she didn’t like the language of the order she could have said something when we were in mediation while her attorney & mother (the “wanna be” attorney) were there. Now it appears she’s not using an attorney because I can see that her mother signed the section on the summons that a “non-lawyer” helped her.
Any advice would be helpful. Thank you
Answer Dennis:
DISCLAIMER:
I AM NOT A LAWYER or ATTORNEY. I am someone who has experience with family law issues, and am sharing my OPINION only. For the exact law as it pertains to your specific case contact a Professional Attorney in your area/county.
Because the way the Mortgage industry is and the housing industry is AND the fact you have tried to refinance the home already but been declined because of the negative equity you have fulfilled your part of the agreement: You must continue to retry at the anniversary day of as stated.
Work with your Attorney but once the agreement was signed it cannot be changed to benefit her, sorry: The judge will see through this I hope but no guarantee: Make sure you explain to the Attorney and show proof you have tried to refinance: Proof can be in the form of the rejection letter as stated.
I do believe you are right about the Attorney fees because she is in violation of said agreement. NO, it advisable not to offer ANY type of revise because you then open the door to her needs as well and set precedence to offer change.
Work with your Attorney and make sure the Attorney represents you in court: Let her represent herself because she will learn as well that once an agreement is signed UNLESS BOTH parties want to change it cannot be changed. You do not want to change the agreement now, wait until the market gets better.
