A friend of mine called today to ask my advice.
I'm no attorney but I told her what I thought anyway.
Anyway here is her story.....it is a pretty interesting legal question in my mind.
Her husband thought he was the part owner in his family business. He agreed to pay his previous wife $75,000 in the divorce settlement to satisfy her as her part of that company. He singed an agreement to make payments to her.
He continued on with his life and married my friend. He had a falling out with his Dad (I'm not sure how it all came about) and it was explained to him that he was not part owner in the business, but just an employee.
He left that employment and quit paying the ex-wife the note.
She sued and was granted a judgement.
Now the ex-wife is trying to collect that judgement.
The question in my mind is whether a judge would discount the note he agreed to pay her or even completely forgive it because of the father lying to both son and then daughter in law about being owners?
He is paying her/or owes her for a divorce settlement for an asset he never really owned, he just thought he did.
Does that all make sense?