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While divorce agreements are generally ironclad and rarely rescinded, this challenge has now reached New York's highest court.
That means you may have to dig up birth and marriage certificates, bank statements, divorce agreements and other documents that prove your child or spouse are legal dependents.
The Ponzi schemes that came to light during the depths of the financial crisis have spawned various lawsuits seeking to claw back money from divorce agreements.
The ruling is the second in less than a year in which New York's highest court has refused to claw money back from divorce agreements.
Mr. Simkin's suit rests on the doctrine of "mutual mistake," a well-established principle that allows for the cancellation of contracts, including divorce agreements, when both parties are innocently mistaken about an essential term.
Divorce agreements are typically ironclad, but Mr. Simkin argued that Ms. Blank should be required to turn over millions of dollars she had received in the settlement to compensate him for the losses that he sustained in the Madoff fraud.
Similar(47)
This plan was written into their parents' divorce agreement.
"I'd like to get back to the moment where I signed my divorce agreement.
At the end of the story he quotes a portion of the legal divorce agreement.
Instead, Mr. Zuch called another lawyer, a childhood friend, who drafted their current divorce agreement.
As part of the divorce agreement, Courtney paid her a lump sum of $196,000.
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