I will try and be brief.
We had a family law matter, there were 2 orders. 1) Party A to pay party B, $2500 at conclusion of matter (November 15). 2) Party B to pay Party A $1500 within 45 days.
At conclusion of matter. Party A (via representation) states "lets offset the orders against one another, and I will not seek for the additional funds".
Party A did not seek payment of funds, until TODAY.
Party B accepted offer to their representation. Ultimately this was not passed onto Party A representation.
Party B was unaware, but assumed as Party A was not chasing the funds, that the agreement had stood.
The appeal period has passed. Party B cannot appeal the costs, and did not feel it necessary as no funds would change hands - it wasn't worth the hassle.
Party B circumstances are as such that payment of Order now will mean bankruptcy, and inability to live (2 small children to care for, no employment).
Can an agreement simply be revoked at a later time? Surely by party A not seeking funds is showing an implied consent that the agreement was accepted?
Should legal representation be held accountable then for non acceptance of the offer?