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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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  #21 (permalink)  
Old 03-16-2014, 09:12 AM
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Pretty sure offers are non-severable unless stated otherwise.

So her choice is to ignore it, accept it (in full), or send her own offer to settle (which may include the parts that she wants to accept from his offer).
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Old 03-16-2014, 12:54 PM
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Originally Posted by dinkyface View Post
Pretty sure offers are non-severable unless stated otherwise.

So her choice is to ignore it, accept it (in full), or send her own offer to settle (which may include the parts that she wants to accept from his offer).

I sent my own offer to settle. I think they expected me to jump on it since it involves sole custody; but I didn't. Their offer was too wishy-washy and ignored the child's immediate needs.

What his offer did tell me is that he doesn't want custody - joint or otherwise, and he doesn't want access - especially if it might cost him some money.

I don't think, under the circumstances, he has a snowball's chance in hell in retaining joint custody in trial.

Since he's using a lawyer and I'm self-represented he should be doing some cost/benefit analysis moving forward. What he owes me would be a fraction of what he would pay his lawyer through to trial. His financial statement (finally received 8 months later) tells me that he can afford to pay for some braces, lessons and increased support (which are denied in his offer to settle).

I've got nothing really to lose by pushing him forward on this - so I am.
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Old 03-16-2014, 02:44 PM
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While I know everyone has the right to have counsel, it probably doesn't go unnoticed by the judge when people claim they are unable to afford anything show up at court represented by senior, high priced, lawyers.

I'd be bringing a picture of the daughter on a horse, smiling, with her new braces!
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Old 03-16-2014, 02:58 PM
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Quote:
Originally Posted by MS Mom View Post
I sent my own offer to settle. I think they expected me to jump on it since it involves sole custody; but I didn't. Their offer was too wishy-washy and ignored the child's immediate needs.

What his offer did tell me is that he doesn't want custody - joint or otherwise, and he doesn't want access - especially if it might cost him some money.

I don't think, under the circumstances, he has a snowball's chance in hell in retaining joint custody in trial.

Since he's using a lawyer and I'm self-represented he should be doing some cost/benefit analysis moving forward. What he owes me would be a fraction of what he would pay his lawyer through to trial. His financial statement (finally received 8 months later) tells me that he can afford to pay for some braces, lessons and increased support (which are denied in his offer to settle).

I've got nothing really to lose by pushing him forward on this - so I am.
Some people find paying lawyers an exorbitant amount of money far preferable to giving any amount to their exes for any reason, including their own child. They value 'winning' more than anything else, and have backed themselves into a corner where changing their minds now is 'losing.'

I wonder if it would be useful to blatantly point out that the amount you are asking for is probably less than his lawyer would cost for the trial? The cost of his share of braces is the equivalent of one day of his lawyer's time, for example.
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Old 03-16-2014, 05:57 PM
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Originally Posted by Rioe View Post
Some people find paying lawyers an exorbitant amount of money far preferable to giving any amount to their exes for any reason, including their own child. They value 'winning' more than anything else, and have backed themselves into a corner where changing their minds now is 'losing.'

I wonder if it would be useful to blatantly point out that the amount you are asking for is probably less than his lawyer would cost for the trial? The cost of his share of braces is the equivalent of one day of his lawyer's time, for example.
Well, I have blatantly stated as much in my Settlement Conference Brief. His financial statement tells me that while he isn't a millionaire, he's in a much better financial position than he was in only a year ago - due to his move, zero access costs and salary increases. I have no doubt that what he has spent in legal fees thus far already exceeds what I've asked for, and what I've asked for financially is exactly what he agreed to in our previous agreement.
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