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  • letter in question

    My friend has been given a letter by the lawyer with
    details of certain things. The confusing thing is that it says:
    This offer shall remain open for acceptance after ..... date
    and that Mr.... shall fully indemify .....person for all costs
    from such a date to the date of acceptance . How can that be?
    He doesn't agree with the terms set out . Absolutely incorrect
    what they are asking for. So if he doesn't accept he will have to
    pay her fees? He didn't ask for this whole thing
    she wants retro , which is fine , but his wages have gone down
    Job closure
    so how can she ask for x amount and it really should be less.
    and than ask for costs. she has all the information she asked
    for.
    I have never heard of sucy a thing in a demanding letter.
    maybe he should just by pass and go to court
    Last edited by Lindsay; 05-11-2006, 09:56 AM.

  • #2
    error

    Oh gosh , new at this , excuse the stuff on the bottom!

    Comment


    • #3
      Hi momof1,

      I cleaned your post up for you

      When serving an offer to settle, it is standard that the person making the offer (in this case, let's say it's the applicant) give a deadline for the respondent to accept the offer. Normally, the applicant's offer will state that if the respondent accepts the offer before a certain date, the parties pay their own legal fees. If the respondent accepts after a certain date, the respondent shall pay the applicant's costs on a certain scale.

      Offers won't always set out terms that everyone is looking for. In fact, they pretty much never do. An offer to settle is just the same as a salesman offering you a deal on a vehicle. Could you you get a better deal somewhere else? If you don't except, will you pay more money for the exact same vehicle at another dealership?

      So basically, the respondent must ask himself if he would be able to "get more" if the matter continued on through the court system. He must take into consideration the legal costs he will incur to "get more," and the specifics of his family law situation. Would a judge make an order that is more in his favour?

      This is where the expertise of a lawyer is important. A lawyer can tell your friend whether this is an offer he should accept, or whether he could get something better from a judge.

      I hope this helps,
      Lindsay
      Last edited by Lindsay; 05-11-2006, 10:07 AM.

      Comment


      • #4
        The real question is retro , he is willling to pay
        But she is now asking for a different child support amount
        and this person is making alot less , so yes it is a good idea
        because it isn't fair
        He also has a court document waiving him of child care costs
        which she asked for , now she is wanting retro child costs
        which are actually paid for thru subsidies, how can she ask
        for this in the first place when the govt pays it
        shouldn't she provide him wiht receipts for proof of child care?
        He will definately get legal help ,
        So do I understand that if he doesn't agree he will have to pay
        her costs, even if they go to court?
        Thanks for the cleanup!

        Comment


        • #5
          Hi momof1,

          I'm really not sure on what grounds the mother is asking for retroactive child care costs without knowing the specifics. What I do know, however, is that a party can make an offer asking for whatever they want. Whether the other party is willing to accept it is up for him to decide.

          Your friend isn't automatically responsible for paying the mother's costs if he doesn't accept her offer. If he accepts the mother's offer after the date set out in her offer to settle, then he is agreeing to pay her costs as stipulated in the offer. However, if he rejects the offer and the matter goes back to court, it will be up to the judge to decide whether costs are payable, and to whom.

          Lindsay

          Comment


          • #6
            arent child care expenses to be provided with reciepts ?
            you can't just give an amount without proof?

            so if he goes to court he may end up paying her legals fees?

            this is so unfair
            he has always paid support on a timely basis

            Comment


            • #7
              Regarding child care, it is up to your friend to ask the mother for proof of these child care receipts. If your friend asks for the receipts and the mother won't provide them, a judge will definitely notice this.

              Re paying costs, it's also possible that the mother may be ordered to pay your friend's costs. It really depends on the cirucmstances of the case and whether the judge feels one party is entitled to their costs being paid by the other.

              If your friend has always been up-to-date with his child support payments, that is excellent. This is also something a judge will notice.

              Again, the only thing I can suggest is that he speak with a lawyer immediately. We can speak generally on here, but a lawyer can sit down with your friend, discuss the specific details of the situation and let your friend know what exactly his options are.

              Comment


              • #8
                Thank you so much
                this forum is excellent
                that will be of great help , and thank you for being so responsive

                Comment


                • #9
                  My pleasure!

                  I forgot to give you an official welcome.. so welcome!!! Let us know if you have any other questions.

                  Lindsay

                  Comment

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