Question: My husband and I signed a property settlement and support agreement when we divorced three years ago, and nothing has gone right since then, even though our agreement was made a court order. We agreed to joint custody and agreed to cooperate, but my new lawyer tells me that our agreement is so vague that it's hardly worth the paper it's written on. I am distressed that my legal fees were astronomical to get what I now find out is basically unenforceable. Is there anything I can do?

Answer: One of the major reasons to settle a divorce case is to be able to include in the agreement terms that will hopefully avoid post-divorce litigation, but, unfortunately, this is not always the case because of sloppy drafting or a failure to include specific provisions that will be enforceable.

While we have not seen your agreement and would hesitate to pass judgment, there is no question but that post divorce litigation can be even more difficult and more expensive than that incurred in the divorce proceedings, especially when the terms of the agreement are so vague that they are not enforceable by contempt or otherwise.

When it comes to joint custody -- and custody and visitation for that matter, we believe that there should be clear and unequivocal language in the agreement that defines (1) who has the children when and for how long, (2) who has what decision-making authority, (3) both parent's access to children's school and medical records, (4) relocation issues, (5) support contributions, (6) post-high school educational obligations, if any, (7) modification of child support and alimony, and (8) indemnification of expenses and taxes after divorce. Some agreements go so far as to require mediation of disputes before litigation.

While routine clauses calling for "cooperation" may make parents feel better in when they sign the agreement, this is boilerplate language that generally will not be enforceable by contempt because they are vague and subject to a number of interpretations.

Our suggestion: Try to go back to the drawing board with your ex-husband to see if your agreement can be salvaged. If not, get ready to strap on your saddle again.

Question: My husband was in arrears in both child support ($5,000) and alimony ($4,000) and then paid $4,000 right before the end of the year and notified me that he was going to deduct that amount on his income taxes - which means that I will have to pay taxes. My lawyer tells me that there's nothing I can do about it.

Answer: Your lawyer is wrong. If an individual owes both child support and alimony and makes a payment equal to or less than the amount of child support due, then the amount paid will be treated as child support which is not taxable to your and not deductible to him.

SoloFact: This is the ninth of 12 financial pitfalls that should be avoided at divorce. If you miss any of the 12, be sure to visit www.flyingsolo.com, click on "Divorce" and then on "Frequently Asked Questions." GOING TO A LAWYER WITH NO RECORDS. During marriage, most folks don't document things. Why should they? What's the need when everything is moving along just fine? Then, "WHAMMO!" In preparing for your future, you must analyze your past because your past will help you determine your future needs. You'll soon find that everything must be documented. So get copies of loan applications, financial statements, brokerage statements, and tax returns. Before you go to a lawyer, analyze your family's spending and earning history. List all your assets with both cost and market values. Your tax returns are like a treasure map that can show where the hidden assets may be buried. And you will save costly attorney and expert witness fees if you get your records together. It's much less expensive to do this, by the way, before the separation than afterwards, when one must use the legal process of discovery to get the records.