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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 02-21-2017, 04:33 PM
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magic3 is on a distinguished road
Default Is this legal?

Hi, it's been awhile..
On route to trial, have had a case conference where STBX agreed on 3/4 weekends and Tuesday overnights with the kids, ages 8, 6 and 4. Same access but different schedule than the last 2 years.

Sent offer to settle #3, three weeks ago. Settlement conference scheduled for May 2017. Lates offer for support is based on his final paycheque of 2016, which is about 1/2 of what he made a few years back (ie. 2014).

He sends a counter offer (via lawyer), with the following wording: 'After the matrimonial home is sold, either party may request, in writing, that the provisions of the child support in this agreement may come to an end. The child support portion will then be terminated 90 days after the written notice is received. The purpose of this provision is to recognize that Jackass STBX's compensation is declining and he may not be capable of paying support'.

STBX current compensation is still well into the 6 figures.

Is this even legal? What kind of lawyer would send this? This is child support, mind you, NOT spousal support!!

Anyway, off to court on a motion. Tired of spending money.
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Old 02-21-2017, 04:46 PM
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rockscan will become famous soon enough
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He cant give up child support or get you to agree to give it up. His lawyer may just be pulling crap to see what sticks.
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Old 02-21-2017, 04:53 PM
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Quote:
Originally Posted by rockscan View Post
He cant give up child support or get you to agree to give it up. His lawyer may just be pulling crap to see what sticks.
Why? We have been going through this for more than 2 years. He's on his third lawyer, none of them cheap. My lawyer is no slouch either. Why do something this dumb?

My sense is he's trying to get fired.... what happens then?
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Old 02-21-2017, 05:18 PM
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Stalling tactic.

Motions. Motions. Motions. Anything else is a total waste of time with people like this.

My ex had a 'tarted lawyer who tried to "predict" his income with lots of "might not be able to work in the future" sort of stuff. Judge laughed at that. I won. Costs awarded.
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