Q: In family law, are letters between the two parties attorneys admissible in future court proceedings?
My ex wife and I modified our dissolution agreement in 2016. Prior to signing the modification our attorneys sent official letters back and forth, one of which has my ex wife's attorney agreeing to the rotating of the minor children for tax purposes once the oldest turned 18. Once we agreed to this via these letters we went ahead and signed the modification. Now my ex is taking me to court for contempt stating I was not entitled to claim the younger child even though the eldest is 18. Unfortunately the attorney I previously had retired so I have a new attorney who says these letters between her and my attorney, in which my ex and her attorney explicitly agreed to the rotating of the minor children, are inadmissible in court. Is this accurate? Also, is it not an ethical issue for her attorney, knowing I simply followed what we agreed to, to continue representing her under false accusations of contempt? Thank you!
A:
It is best that you speak with your lawyer with these questions. Your lawyer will have the specifics and details of the communications, and the timing of the communications in relation to any judgments. Your lawyer is in the best position to advise you. Please share your concerns with your lawyer. Generally speaking if the modification was reduced to a court order, then the court order would govern. Generally correspondence discussing settlements is confidential and not available for the courts review. However, once again, this should be discussed more fully with your attorney. There is a strong emphasis on parties trying to settle their cases without the need of judges to resolve all issues. As part of this emphasis, the courts typically will not look at settlement negotiations.
Wishing you all the best.
David A. Carroll
Pensacola Divorce Lawyer
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
