Q: Settlement has a waiver of alimony mods that references Varn vs. Varn. Ex wants to modify after 4 yrs. Can she do this?
I just made the last of the required 48 monthly payments. Divorce was in Paulding County, Georgia. All settlement provisions have been followed. Doesn't the specific waiver of alimony modification referencing Varn vs. Varn prevent her from going back to court for more payments? I gave hr 4 years of payments in our agreement after only 8 years of marriage and there are no children from the marriage.
The exact wording in the agreement is:
(d) The parties hereby waive their statutory right to future modifications, up or down, of the alimony payments provided herein, based upon a change in the income or financial status of either party (Varn v Vain 248 S.E. 2d 667).
Also, is there a statute of limitations in Georgia in challenging a final divorce decree? I thought it was 3 years. This was filed over 4 years ago.
Thanks!
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A: There is no way to answer this question without looking at the exact language in the settlement agreement. Consult with an attorney who can review the settlement agreement as well as the new complaint so they can give you advice.
Homer P Jordan IV agrees with this answer
A: I agree with my colleague, this is a question that we can't answer without knowing the facts of the case in detail. You should consult with an attorney who can review the facts and present you with the options. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com
A: You should consult with an experienced divorce attorney who can review your settlement agreement as well as any modification action you have been served with to determine your options.
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