Can temporary alimony be reinstated after it has been vacated by both parties?
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Can temporary alimony be reinstated after it has been vacated by both parties?
A year after my divorce was final, my ex-wife and I agreed to vacate the temporary alimony that I was responsible to pay her for the next four years after the divorce. Any arrears were also vacated. A consent order was signed by a judge allowing for the change to the final divorce judgement. Can my ex-wife later on down the road have the temporary alimony reinstated even though she agreed to terminate it?
Asked on April 23, 2012 under Family Law, New Jersey
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
The only way that your former wife can have the temporary alimony reinstated and make a claim for the vacated arrearages is for her to assert that when she agreed in writing to waive such she did so under duress or she was not mentally capable of making a voluntary and knowingly decision to make such a waiver.
If a judge signed a court order concerning what you have written about, the chances of reinstating the temporary alimony seems pretty remote based upon my experience in such matters.
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