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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 06-08-2015, 08:53 AM
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Default Motion to Change.

I recently filed a motion to change a clause in a Final Court order required to receive a payment from my ex as he would not consent. I also asked for the costs of filing, no more. I was served a response in which he agreed to the change but asked for an exorbitant amount of costs for his troubles in responding. We are both self-represented. In paragraph 21of his response he asked for costs relating to paragraph 20 which was blank. He then gave a list of his costs in Paragraph 23 which he states relates to paragraph 22 which was also blank. I think I understand what he was trying to say but the response is severely flawed and really makes no sense. What can I do? Do I have to continue on and try to negotiate a settlement for costs on this incorrect response OR should I just point out to him the errors and asked him to re-file correctly at additional expense to himself? Does he have any other options in order to correct the errors? Thank you so much.
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Old 06-09-2015, 10:36 AM
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Default Motion to change?

I was hoping to get a response to my question. Was I too vague in my question or did I fail to adequately explain what had happened? Thank you so much. I would really like to proceed but am unsure what to do. Can't afford any more lawyer fees.
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Old 06-10-2015, 09:49 AM
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From my understanding, costs are not always awarded or are minimal when people self rep. I personally don't think this is very fair, but it is what it is.

If you do not accept the offer and a judge finds in your favour, you will be awarded costs and he will receive nothing, he can point to his offer, but his offer has conditions are are not appropriate which will be taken into consideration.

I am no expert in this area, but I had a difficult case recently and despite my offer, which was WAY more than what was awarded, I had a clause that stated that we withdraw from FRO for enforcement, and for this reason, the judge did not award costs... Total cost of litigation... well over $20K for both side.
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Old 06-10-2015, 10:16 AM
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I thought only a judge can award costs. And that is done after his decision on the case is rendered. Then he decides who in effect won and costs are awarded as such.

This response could be construde as your ex demanding money for signing the change order. Thats blackmail.
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Old 06-10-2015, 10:41 AM
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What you have is in essence an "empty offer". As Beachnana states, only a judge could award costs and he would likely not consider the offer as being much of an offer at all when deciding on costs.
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Old 06-10-2015, 11:11 AM
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So you have your response? Next step book the Case Conference and move forwRd. You can spend a long time replying back and forth. It will get you no where. You have, what I assume is a legit motion to make a change and you have filed a motion. So you,have started a process which you now can follow through with.

You can make send an offer. No mention of any costs should be in the offer. I think its inappropriate to ask for any costs on either side.

When we filed a motion it did not cost more than the photocopying, so what are your costs for filing for?
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Old 06-12-2015, 09:23 AM
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Default Appreciate the replies.

Thank you all for the advice. I think I am clear on how to proceed forward. In reply to Beachnana. My costs included a filing fee with the court, courier costs to forward documents for service(ex lives in another city), and process servers fees. I did not exaggerate the costs. I only asked for what it cost me to file a motion that was never really needed had my ex agreed in the first place. Again thanks to all. Every time I think we have matters settled, he comes up with something else that is bothering him. I know he has other things brewing and I will probably be back in the forum looking for help again. Have a great day.
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Old 06-13-2015, 12:38 AM
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I've dealt with costs as a self represent in federal court (not family law), and I was only entitled to what I spent. I spent a ridiculous amount of hours researching and preparing docs, but that didn't count. I was actually awarded costs, but all I got was the money I actually spent at Staples for printing, as well as the court fees I paid throughout the process. It totaled less than $200.

He may have asked for costs in his motion, but don't fret about it. That is pretty standard. After the case is heard, then costs are determined if asked for. As a self represent, his actual costs would be minimal. Even if he "wins" the case, there is no guarantee that he will get awarded costs.
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