Oregon- Seperation Agreement/ Contract - Signed Without Pred.

Situation - My Wife And I Entered Into A Legal Seperation After Her Becoming Concerened About Her Credit Being Damaged Due To My New Business Start Up Costs And Possible Failure. I Basically Assumed All Debt Business And Personal 50 K + And Gave Her The House With 75 K In Equity And Agreed To Pay 2000.00 A Month In Child / Spoucel Supportfor The Next 18 Years . Which Was All Fine Until Things Went South In The Realtionship And Now Live In My Bussiness Wharehouse For The Past 5 Months - Have To Pay 100% Of What I Make.

Now In The Seperation Agreement, Every Petition, Motion And Affidavide I Signed With ( Without Predjudice ) As Remedy Under Other Contract Issues. The Whole Ball And Wax Was Entered And Signed Into Judgement Without Objection.

My Wife Now Wants To Change The Custody Order - Due To I Don't Have A Place To Take The Kids On My Weekends ( I Wonder Why That Is )

Am I Just Completly Screwed Or Can I Do Something In Further Action To Change The Existing Agreement.. I Read The Definition On Contracts Where By Both Parties Benifit. I Guess Mine Would Be In Learning A Lesson

[weishaupt1776]

Originally Posted by TEMPERATURE101

My Wife Now Wants To Change The Custody Order - . . Or Can I Do Something In Further Action To Change The Existing Agreement..

I don't quite comprehend what you are inquiring about. The goal is that you want to see your kids on weekends as stipulated in the contract, right?
If it is a private contract, with all rights reserved, the STATANISTS can't impose their sorry statutes saying that you can't see your kids for one reason or another. 1st amendment right to contract.

If there is no out clause or re-negotiataion clause, the contract is solid.

Under The Ucc Code - Remedy For Reserving Your Rights In Contract Is To Sign With ( Without Predjudice Or Underprotest ) Oregon Has Completly Adopted All Of Ucc Code Under Its Statues.

So I Gave My Explicit Reservation Of Rights In Signing All The Documents That Went Into Judgement. Seeings How My Name Still Is Under Contrtact With The Mortgage Company And The Auto Loan Company, I Should Technically Still Have 100 % Interest In Those Contracts Regardless Of The Agreement Between Wife And Myself.

Does Anyone Think I Could File Some Action In Court That Would Support This Thinking And Reverse My Existing Agreement.

I Do Know This - Go Sign Loan Papers For A Car And Add Without Predjudice With Your Signature On Everything. I Did It After Being Preapproved For Loan, The Bank Had A Cow ,said They Couldn't Accept The Loan Papers Like That. I Asked To Talk To Their Legal Department, They Wouldn't Tell Me Why. I Then Asked That If They Believed There Was Sufficient Case Law On The Matter That Would Keep My Court Action From Getting Jugement For Violation Of The Rights Afforded Me Under Statues. Two Days Later They Accepted My Papers.

I Also Know That My Wife Cannot Go To Any Financial Institution With Judgement In Hand ( As Signed Like I Did ) And Do Anything With The House Ie, Refinance - Equity Loan , Etc...

I Also Played This Same Trick On The Oregon Department Of Revenue Three Years Ago. They Wanted To Audit. I Told Them To Get Their Order From The Judge Asking For My Papers -- Long Battle Back And Forth Two Years In Letters. In The Process I Realized That You Couldn't Fight Them In The Tax Court. So I Wrote My Last Letter To The Department Head Stating That I Was Fillling In Circuit Court For Their Violation Of My Rights Etc Etc. I Got A Lettter Back Saying They Were Sorry For Their Error There Had Been A Mistake And I Haven't Heard From Them Since.

What Do You All Think - I've Just Been Playing Up Till Now