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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 01-27-2012, 04:11 PM
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Default CC order not fair to me

After sitting through a CC that went just 5 minutes shy of 2 hours, the judge was starting to loose his patience and I feel that I got a bit bullied into agreeing to an equalization payment about 15% higher than what it should have been. When I realized they had ignored an amount that I should have been credited for that was at least half of that 15%, the judge laid into me because I was trying to change the order just as he was writing it up. I said right to his face that "the last thing I wanted was to have the judge pissed off at me" so I capitulated.

Is there any way now to bring it back into a fair playing field or am I basically stuck having to follow through on the order as it stands?
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Old 01-28-2012, 11:13 AM
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How much $$ does this work out to?
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Old 01-28-2012, 11:55 AM
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About 8 G's
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Old 01-28-2012, 12:37 PM
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ouch. you did not have to sign anything. if you were in the right then you should have forced the point.
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Old 01-28-2012, 08:39 PM
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Quote:
Originally Posted by miragesailor View Post
About 8 G's
8g is not enough for a judge to care about really. It isn't uncommon to hear a judge say... "It is only $x. In the long run it doesn't make a huge difference."

Now if it was an offset of like say 100K then you have something. Over the course of a life time most judges are of the opinion of "penny wise, pound foolish".

I wouldn't fight over the 8g on equalization. Look at it from a perspective of the cost of marrying the wrong person and getting things settled.

Good Luck!
Tayken
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Old 01-29-2012, 09:53 AM
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Quote:
Originally Posted by standing on the sidelines View Post
ouch. you did not have to sign anything. if you were in the right then you should have forced the point.
Technically, I have not signed anything yet. The judge just wrote it up and I got a copy of it from the court clerk before I left.
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Old 01-29-2012, 09:57 AM
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Quote:
Originally Posted by Tayken View Post
8g is not enough for a judge to care about really. It isn't uncommon to hear a judge say... "It is only $x. In the long run it doesn't make a huge difference."

Now if it was an offset of like say 100K then you have something. Over the course of a life time most judges are of the opinion of "penny wise, pound foolish".

I wouldn't fight over the 8g on equalization. Look at it from a perspective of the cost of marrying the wrong person and getting things settled.

Good Luck!
Tayken
I like to look at it like I married the right person and I had the right children and we did everything right that we knew how. At some point things started to go wrong and although both of us knew in our heart the right thing to do to make it all right again, niether one of us felt the other deserved it any more. Life goes on and you move on.
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Old 01-29-2012, 10:52 AM
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Don't sign off on this if it is not fair. Equalization, at best, is grade 9 math. if you can reasonably defend your position stick to it. Do not get bullied into anything.

Case conferences are nearly useless. The case management system, which you are now in, is designed to keep you at the table for a year or more.

Giving anything away that is not fair at a case conference is poor negotiating and you will certainly regret it much later.

Don't get sucked in and sign off anything at this point 8g's is a lot of money

Good luck
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Old 01-29-2012, 11:13 AM
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8 G's is a lot of money and when I made a point about it at the CC the judge had the nerve to say "what does that matter in the whole scheme of things". That is what has really gotten under my skin over the CC...what right does he have to presume what 8 G's means to me. At this point that amount is twice what I actually have in the bank to manage my affairs, so darn right it means something to me!! Obviously a 2 hour CC is something to avoid at all costs because after that much time the judges start to loose their patience and instead of being impartial start to bully folks into settling something so the whole CC does not go down on the judge's record as accomplishing nothing.
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Old 01-29-2012, 11:18 AM
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The case conference means nothing. This needs to be understood.I'm surprised it lasted two hours. Did both of you have lawyers present?
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