Susan filed a motion to set aside a previously executed MSA (marital settlement agreement) because her background facts constituted grounds for good cause. By definition this meant she had to file in court and have the case heard by a judge; one is not going to be able to settle privately in this circumstance. And even though her set of facts constituted good cause, the courts are always reluctant to set aside previously signed and sealed agreements. The last time I wrote about Susan (Trial Strategy: Use Your Emotions, Don’t Succumb To Your Emotions) I focused on the issue of using one’s emotions in a legal setting in a directed way; emotionally react to the other side’s legal maneuvering in private and than search for the reason behind the strategy and employ your own strategy in light of those facts. In Susan’s case, after motions were filed but before they were decided, the case went before the court as a settlement conference where the entire matter was settled. It was a positive outcome for Susan.
Lesson: Don’t be afraid to use the courts if necessary, just do so wisely. This case is an example of a situation where litigating in court was the only option. Many of you who follow my comments know I feel strongly about staying out of court if possible, but in some instances one has no choice. To set aside previously executed agreements is rarely successful and requires the intervention of the court.
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If you are facing divorce and feel like you don’t know where to turn, whom to hire, what should be the first step, in one hour I can provide enough information to help you feel directional and purposeful in that path. If you have an attorney and you feel you are not moving in the direction you want or need, either you have the wrong attorney, or your attorney needs some guidance, some external push from another professional, as to how to best proceed in your particular case, for your particular needs.
See:
Collaborating with a Divorce Consultant Can Benefit Divorce Clients and Attorneys
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Pamela has been divorced for some time, but continues to receive child support payments. These child support payments were negotiated, additional support beyond any legal obligation under statutory requirements. Pamela forfeited community property interests at time of divorce in exchange for increased child support. It should be a plan that works; it’s based on written agreements and obligations. However, this is her 2nd time back in court to enforce payment. Husband has a difficult relationship with the children, and when he gets really stuck, doesn’t know how to move himself out of the mess that he has completely and entirely created with his children. He panics and refuses to pay the agreed upon child support, his only leverage. Wife is now forced to go back to court to enforce judgment. Even though a court order from the original settlement dictates the terms, the court continues to accommodate husband. It is probably personal for this judge at this juncture; there is some intangible that results in the court continuing to accede to something the husband requests. Given this judge’s predisposition, a private settlement might benefit even if wife has to give up a small amount of entitled support.
Caveat: be cautious of the court system, especially if there is substantial money involved, and pursue private settlement. However, the professionals you employ and the method you choose in a private settlement is critical, it determines outcome.
For more information on this subject, see Calculating Child Support in California.
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Your goal is to preserve your assets pre- and post- divorce. Determining whether you need a financial planner, an investment advisor or an accountant can be a daunting task, and finding the appropriate professional can be even more difficult. I can guide you through this maze and help you select from the best experts in the business to guarantee your assets are protected.
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As a former litigator, I understand that this decision can be agonizing. For a non-lawyer without guidance, it can feel almost impossible to sort out. This decision can ultimately determine the outcome of your divorce. I can help you make this decision, refer you to the best qualified professional for your needs and save you money by preparing you for the process.
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My goal is to support you in achieving a result that is favorable and fair to you.