This forum and the information provided by it’s members has been really helpful for me over the past 6 months. I figured I would post a bit of an update on my case to help anyone else in the same predicament. Helpful suggestions/comments are appreciated as always
First Settlement Conference is next week. I am the Applicant and self repping. The Respondent finally retained a lawyer recently and it has actually made things much easier. My ex is very unreasonable and difficult to deal with- his lawyer seems to have her head on straight.
I sent my offer to Settle a while back- it included increased access for my ex and a reasonable imputed income for CS purposes based off of what I know he is actually making/what he has shown to make in years past. It also included complete forgiveness of arrears for the past 2 years of no payments, because I just want to settle and move on with our lives. He has claimed to be unemployed for a year now, with no supporting documentation.
His lawyer sent me the brief and offer to Settle in one shot. Offer to Settle kept Access at status quo, which is funny because his response to my initial application was for 50/50. I was actually really hoping he would accept my offer of increased access because our child really would benefit from more than EOW with him. His lawyer most likely convinced him that after 4 years of uncontested primary with me that a claim for 50/50 with us living in different towns/school zones wouldn’t get far. So I believe his thinking is that if he can’t get rid of CS with 50/50, then there is no point taking on more responsibility than the EOW. Their conference brief declined to accept my offer
So now it appears we have settled all major items except CS/arrears (my offer to forgive arrears was only conditional upon him accepting an imputed income, which he is refusing to do) Lawyer mentioned in brief that ex is unemployed for health reasons and will provide Dr note at settlement conference. Funny, because “health” has not been a reason for his claims of unemployment through this whole process. I’d be interested in seeing a doctor’s note that back dates itself for 2 years of health issues as well.
I am assuming at our conference his lawyer will ask for an adjournment for more time to come up with this magical all-encompassing Dr’s note. I asked for a disclosure and costs order in my brief because this, along with other documents I’ve requested, should have been provided ages ago. If we can’t agree on anything next week, I believe my next step would be requesting a motion date to have income imputed from the judge? Provided the judge gives a disclosure order?
First Settlement Conference is next week. I am the Applicant and self repping. The Respondent finally retained a lawyer recently and it has actually made things much easier. My ex is very unreasonable and difficult to deal with- his lawyer seems to have her head on straight.
I sent my offer to Settle a while back- it included increased access for my ex and a reasonable imputed income for CS purposes based off of what I know he is actually making/what he has shown to make in years past. It also included complete forgiveness of arrears for the past 2 years of no payments, because I just want to settle and move on with our lives. He has claimed to be unemployed for a year now, with no supporting documentation.
His lawyer sent me the brief and offer to Settle in one shot. Offer to Settle kept Access at status quo, which is funny because his response to my initial application was for 50/50. I was actually really hoping he would accept my offer of increased access because our child really would benefit from more than EOW with him. His lawyer most likely convinced him that after 4 years of uncontested primary with me that a claim for 50/50 with us living in different towns/school zones wouldn’t get far. So I believe his thinking is that if he can’t get rid of CS with 50/50, then there is no point taking on more responsibility than the EOW. Their conference brief declined to accept my offer
So now it appears we have settled all major items except CS/arrears (my offer to forgive arrears was only conditional upon him accepting an imputed income, which he is refusing to do) Lawyer mentioned in brief that ex is unemployed for health reasons and will provide Dr note at settlement conference. Funny, because “health” has not been a reason for his claims of unemployment through this whole process. I’d be interested in seeing a doctor’s note that back dates itself for 2 years of health issues as well.
I am assuming at our conference his lawyer will ask for an adjournment for more time to come up with this magical all-encompassing Dr’s note. I asked for a disclosure and costs order in my brief because this, along with other documents I’ve requested, should have been provided ages ago. If we can’t agree on anything next week, I believe my next step would be requesting a motion date to have income imputed from the judge? Provided the judge gives a disclosure order?
Comment