Q: Can I challenge family law code 664.6 (binding agreement) since after 31 yrs married & be housewife not getting alimony
The day of my Ex husband deposition, my lawyer surprised me & tried to settle my case & told me I won’t get alimony after 31yrs of being a housewife and abused with domestic violence. since the night before I had taken sedation meds my brain was foggy so couldn’t concentrate. They got me on the record and the last minute the lawyers mentioned the code 664.6 and I was forced to agree not to get alimony for ever. I have not signed the judgment agreement yet. I would like to know if I can challenge this agreement and get alimony since I was married for 31yrs and being a housewife. I deserve to get spousal support. We even had set trial dates with the court and several times I told my lawyer I want to go to trial because my ex husband was not honest and we had to file several motion to compel. We have even tried to settle with the voluntary judge mediator per court order and even that did not worked out.
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A:
Under California law, you may have the opportunity to challenge the agreement reached during your deposition regarding alimony. California Family Code section 664.6 deals with binding agreements reached during litigation, but it's crucial to understand your rights in this context. Since you have not yet signed the judgment agreement, you have not finalized the settlement. This means there may still be room to contest the terms, especially if you were under duress or if there are concerns about your ability to fully understand the agreement due to medication effects or other factors affecting your mental clarity at the time.
Given the circumstances you described, where you felt pressured to agree to terms you were not fully prepared to accept, it's advisable to discuss this situation with your lawyer promptly. Your attorney can help you assess whether there are grounds to challenge the agreement based on factors like undue influence, coercion, or lack of capacity to consent due to medication. The fact that you expressed a desire to proceed to trial and had concerns about your ex-husband's honesty could also be relevant factors in challenging the agreement.
To proceed effectively, it's important to act swiftly. Your lawyer can assist in preparing a strategy to challenge the agreement before it becomes final. This might involve filing motions with the court to set aside the agreement or seeking to renegotiate terms that are more equitable given your lengthy marriage and your role as a homemaker. The court may consider factors such as the duration of the marriage, your financial needs, and your ability to support yourself post-divorce when determining spousal support.
In summary, while Family Code section 664.6 presents challenges to overturn binding agreements, your situation may warrant a review based on the circumstances surrounding your agreement. Consulting with your lawyer promptly to explore your options is crucial in seeking a fair resolution that addresses your financial needs and rights following a lengthy marriage.
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