Visitation Agreement

[tperry]

Hello,
I am a little confused and need an answer from someone other than myself. My husband has a visitation agreement signed by both parties. Recently, the mother stated she did not understand the wording of the contract (almost 3 months later). She then goes to her atty., which amends the contract. The mother e-mail us and tells us that the contract is changed and we would have to abide by it. I feel this is wrong. Since my husband never layed eyes on the amended contract nor signed it, then I don't beleive he should have to abide by it. I know I would'nt walk your walk if I don't know what street you are walking on, (if you understand me). Please correct me if I am wrong, and inform me of the law for a binding contract. At this point we feel we are being harrassed by her, and since this is an ongoing thing, we would like it to stop. HELP!

 

[freebird]

Perhaps she is wrong and you can tell her to get lost. Are we missing some vital information?

Couple of legal points. A contract is a meeting of the minds. It requires one party to make an offer, another to accept and for there to be an exchange of something of value (consideration.) Here there is no contract as there is no meeting of both minds. The ex makes an "offer" by changing the agreement but your husband did not accept. There is no agreement. End of story.

Additionally, unless the ex claims that her counsel was incompetent, it will be difficult for her to claim anything of the sort and even if she did claim confusion it would likely be too bad so sad for her. She was represented by counsel and has no excuse for her inability to understand the contract.

Originally posted by tperry
Hello,
I am a little confused and need an answer from someone other than myself. My husband has a visitation agreement signed by both parties. Recently, the mother stated she did not understand the wording of the contract (almost 3 months later). She then goes to her atty., which amends the contract. The mother e-mail us and tells us that the contract is changed and we would have to abide by it. I feel this is wrong. Since my husband never layed eyes on the amended contract nor signed it, then I don't beleive he should have to abide by it. I know I would'nt walk your walk if I don't know what street you are walking on, (if you understand me). Please correct me if I am wrong, and inform me of the law for a binding contract. At this point we feel we are being harrassed by her, and since this is an ongoing thing, we would like it to stop. HELP!

 

[tperry]

Thank you so much, because that is exactly what I thought. I do have one more question. With regards to child support, we currently live in the state of Conn. I don't know the percentage of pay that must be withheld to go toward child support, could you inform me on that. Also my husband does pay childsupport and it is deducted out of his paycheck (no problem with that), but this is the question. He will be changing jobs soon, with that job change it will take us to California, with a substanital pay increase. Is there anyway or contract that we can use to allow for at least a quater of the child support payment to be deposited into a trust account for his daughter along with what he adds in on his own for college? And one more, are you located in Conn. and if so are you taking new cases on and for how much? You and I seem to be on the same page and that's the type of atty. I am looking for.

Thanks,