I entered into a contractual alimony agrement with my wife..our divorce is not final and while the divorce paperwork was filed 5 weeks ago the contractual alimony plan was only filed two days ago. While I did sign and notarize this I have since changed my mind. My question is can i file something stating that I would like to retract it or if I cant do that what happens if I simply do not pay her? Keep in mind that this is not court ordered alimoney only tems we drew up and filed ourselves. Also in case it matter we have no common property no kids, make the same amount of money adn were married for less than a year. Thanks
Answers:
You signed a contract and are bound by contract law.
If you wish to amend the contract - you must have a meeting of the minds between you and your soon to be ex-spouse in order to forge a new contract.
If your spouse wishes to hold you to the original contract, you are obligated to abide by the original contract.
Failing to honor your contract would land you in protracted legal difficulties - would show the judge you were an untrustworthy person - impairing your credibility before the court - and could become part of the divorce hearing - where, if you failed to abide by the judgment, would put you in contempt of court.
You could seek an arbitrator to aid in the re-visitation of the contract.
Remember - seek to act honorably in your life - even when everyone else acts dishonorably. You only have your good name in the long run. Make sure it remains good.
Good luck from a Texas gal.
Peace.
In essence, you entered into a contract just like buying a car. Unless you signed under duress or are incompetent you will have to attack the contract on it's plain language.
This is NOT something anyone can advise you on in an internet forum. The basics of contract law requires a thorough reading of the doucment itself and that is something we can't do here.
Suffice it to say, you have a contract, whether or not it was 'registered' with the court, notorized or otherwise made official. IF both parties signed the contract then it is valid on it's face.
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