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Finally got to see my Lawyer...

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  • Finally got to see my Lawyer...

    I finally got to meet with my lawyer today, only for 20 min. but still we got to talk a bit.

    Unfortunately i am still confused if not more confused by what is going on.

    I recieved something called the "Minutes of Settlement"

    Paragraph 1 - 18 are basically fluffy content to pad the document.

    Paragraph 19 states "Given that the parties have roughly the equivilent incomes for 2005, there shall be no child support payable by either party to the other, at this time.

    I have a problem with this statement as it is completely false and has absolutely no basis in reality.

    Paragraph 20 - states that we are to trade financial information to establish child support payments beginning in september 2006.

    Paragraph 22 - states that each party shall be responsible for their own costs.

    Apparently, the judge stated at some point that costs would not be awarded, however this is not in writing, I asked if we could go for costs, my lawyer replied that we would be unsucessful as the judge is a nice guy and does not want to burden the mother with costs. Is this possible, is their any way arround this? I do not believe that it is a judges job/function to be "nice".

    I am confused by this, and also my lawyer stated that we are settling, something I am not interested in doing, however that we cannot get costs when settling. Seems like I am not getting the whole story somewhere.

    If anyony can please take a stab at explaining any of this I would be forever in your debt.



  • #2
    Hi Duped,

    The minutes of settlement is a document, much like a separation agreement, that both parties must sign as evidence that the proceeding has been settled. So, first and foremost, in order for the case to settle, you have to execute the minutes. If you are not interested in settling the case or if the information in the minutes is incorrect, tell your lawyer that these issues must be dealt with before you sign. It is impossible for the minutes of settlement to be submitted to the court without your signature.

    Stating that the parties are responsible for their own costs is basically the same as costs not being awarded.

    Costs may only be asked for at a motion. It is impossible to say what judge you will be appearing before at the motion, so I am unsure why your lawyer would give you that impression. Of course, if you are in a smaller city and there are only a few judges to choose from, I suppose it may be easier for your lawyer to tell which judge your motion would go before.



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