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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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  #11 (permalink)  
Old 09-11-2017, 02:29 PM
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You can do an offer to settle at any time is my understanding.

Not sure on the format, someone else will have to weigh in.

Search can lii for costs awards. I know workingdad on here has been awarded costs and he self repped throughout his case.
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Old 09-11-2017, 02:56 PM
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One of the things the lawyer said to my partner and I is that if the ex agrees to our offer, she cant go back past the date she signs the offer. You said you and your ex reached an agreement before and you signed off on it. If you have been up front with all your income and provided proof of it before then I *think* she cant go back retroactively past that date of signature. I could be wrong though as Im not a lawyer. This was our lawyers response to my partners question about what stops her from coming back four years from now. Lawyer said we cant stop her but signing the agreement or getting an order means she cant go back past that date for retroactive payment.
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Old 09-11-2017, 04:57 PM
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Ok, I'm ok with the format of an offer. I'm sure I can figure out how to counter offer and what to put in it. I live 2 hours from her, so I will likely email my counter offer to her. I'm right that this offer is not filed in the court file though right? Is there some type of proof of service I have to file showing that I served her with with my offer? There were no written offers the last time we went to court, so I'm not sure if I need to file an affidavit of service for it or not.
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Old 09-12-2017, 09:51 AM
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I could be wrong but I dont think the OTS becomes part of the court record so it does not need to be filed according to regular rules. You may need to do some searching though. Search this forum as I know a few people have posted about it and also google it. The OTS helps with a costs argument but I dont think the judge is allowed to know about them during the process. Again, not a lawyer so Im not an expert. I just have seen a few things other people have posted.
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