Announcement

Collapse
No announcement yet.

Offer to settle

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Offer to settle

    What if the other party agrees to my offer to settle but the offer is months old and I changed my mind and don't want to offer it any longer. Can I refuse their acceptance? Also, the offer dioes state it's valid until 1 minute after a trial commences.

  • #2
    "I'll give you $3 for that chocolate bar."


    "Sure thing!"


    "Woah, you agreed to that deal, just kidding, I lied. I'll give you $2 for that chocolate bar"


    "Fine"


    "Haha, still lied, I'll give you $1 for that chocolate bar"






    ...family law is not a playground. If you make an offer to settle, then it is a real offer to settle. If you want to play around, do that in mediation where your word counts for nothing and you can negotiate without consequence.

    Comment


    • #3
      Originally posted by Janus View Post
      "I'll give you $3 for that chocolate bar."


      "Sure thing!"


      "Woah, you agreed to that deal, just kidding, I lied. I'll give you $2 for that chocolate bar"


      "Fine"



      "Haha, still lied, I'll give you $1 for that chocolate bar"






      ...family law is not a playground. If you make an offer to settle, then it is a real offer to settle. If you want to play around, do that in mediation where your word counts for nothing and you can negotiate without consequence.
      I hear you however I've given 4 offers. All rejected all not based on my true income. I imputed myself against counsel advice hoping this would end. Now I'm just spent. I want the offer revoked.

      Comment


      • #4
        Originally posted by Janus View Post
        "I'll give you $3 for that chocolate bar."


        "Sure thing!"


        "Woah, you agreed to that deal, just kidding, I lied. I'll give you $2 for that chocolate bar"


        "Fine"


        "Haha, still lied, I'll give you $1 for that chocolate bar"






        ...family law is not a playground. If you make an offer to settle, then it is a real offer to settle. If you want to play around, do that in mediation where your word counts for nothing and you can negotiate without consequence.
        By the way, we did mediation twice. I imputed myself both times to over 30k more than I make. Rejected. Even mediator said the other party was being ridiculous.

        Comment


        • #5
          Originally posted by AlmostThere_Hopefully View Post
          By the way, we did mediation twice. I imputed myself both times to over 30k more than I make. Rejected. Even mediator said the other party was being ridiculous.


          Well if the other party continues this and a judge also decides they are unreasonable then they run the risk of having to pay costs. Make a new reasonable offer and let them decide. Unfortunately in family law you are at the mercy of the unreasonable party in your matter. There is no way to stop them.

          Comment


          • #6
            Originally posted by rockscan View Post
            Well if the other party continues this and a judge also decides they are unreasonable then they run the risk of having to pay costs. Make a new reasonable offer and let them decide. Unfortunately in family law you are at the mercy of the unreasonable party in your matter. There is no way to stop them.
            Yeah, I can see that. It's like you're a hamster in a running wheel. Running to nowhere. Lol.

            Comment


            • #7
              Originally posted by AlmostThere_Hopefully View Post
              I hear you however I've given 4 offers. All rejected all not based on my true income. I imputed myself against counsel advice hoping this would end. Now I'm just spent. I want the offer revoked.

              To recap:


              1) You are weary of the long fight
              2) You have made offers to settle
              3) You are currently concerned that one of your offers to settle might be accepted
              4) ....which might end the long fight
              5) ....which is bad because you still want to fight.
              6) So you are hoping to revoke a previously made offer to settle before it gets accepted and you accidentally end the fight.


              Even mediator said the other party was being ridiculous.
              Sounds like a terrible mediator. Mediators don't judge what is right or wrong, they seek solutions that work for both parties.

              Comment


              • #8
                Originally posted by Janus View Post
                To recap:


                1) You are weary of the long fight
                2) You have made offers to settle
                3) You are currently concerned that one of your offers to settle might be accepted
                4) ....which might end the long fight
                5) ....which is bad because you still want to fight.
                6) So you are hoping to revoke a previously made offer to settle before it gets accepted and you accidentally end the fight.


                Sounds like a terrible mediator. Mediators don't judge what is right or wrong, they seek solutions that work for both parties.

                I can understand what you are saying, and I can see how hard it is to give advice not knowing the entire background. This has been a 14 year battle. 5 of which is just for child support. The other party keeps delaying. Delaying by not filing correct paperwork, "forgetting" to bring financials, then bringing financials that are horribly incorrect, late filing, etc...... I don't want to put myself in a position financially if I'm imputed to an amount I don't make. I'm sure you can understand when you're in the court process for so many years you just want it to end hence my imputing myself. But I do appreciate your input.

                Comment


                • #9
                  What does his misconduct have anything to do with it?

                  You made an offer to settle. Presumably you were willing to accept that settlement. Why are you no longer willing to accept what you were previously willing to accept?

                  Is it principle? Are you trying to prove a point? What changed from the time you first made that offer to settle and today?

                  Comment


                  • #10
                    If the cs amounts in your offer are for years past then the actual income will be used. If it is out of date, make a new offer with arrears set out, amounts you can reasonably make going forward and then let the other side pull their head out of their ass. Its as simple as that. Throwing shit at a wall in hopes it will stick is not a good way to handle it. Your ex believes you have loads of money. If you proved you don’t then you have done your work. If she thinks you can earn more than you do, put forward the proof.

                    There is really no need to keep negotiating. You made an offer, let her make her move.

                    Comment


                    • #11
                      Originally posted by rockscan View Post
                      If the cs amounts in your offer are for years past then the actual income will be used. If it is out of date, make a new offer with arrears set out, amounts you can reasonably make going forward and then let the other side pull their head out of their ass. Its as simple as that. Throwing shit at a wall in hopes it will stick is not a good way to handle it. Your ex believes you have loads of money. If you proved you don’t then you have done your work. If she thinks you can earn more than you do, put forward the proof.

                      There is really no need to keep negotiating. You made an offer, let her make her move.
                      Thank you.

                      Comment


                      • #12
                        Originally posted by rockscan View Post
                        There is really no need to keep negotiating. You made an offer, let her make her move.
                        But OP is looking to rescind the original offer.

                        Comment


                        • #13
                          Originally posted by Janus View Post
                          But OP is looking to rescind the original offer.
                          I want to rescind it because it's not in lines with my financials. As a matter of fact, one of my offers, where I imputed myself, was the same dollar amount the other party wanted me imputed to. Yet they rejected it! Seriously?! They wanted more! The judge even said that there will be no imputation and provided us with Divorce Mate calculations based on my true line 150. Other party said nope, not accepting. So we headed to mediation {which was a shit show) as the judge said there is no need for a trial. This is easily settled as a black and white calculation. Other party? Yep, you guessed it. They didn't agree.

                          Comment


                          • #14
                            Yes but if that offer is stale dated then he needs to make an updated offer knowing the info he knows now for retro and then what he anticipates going forward.

                            If he made an offer five years ago and his economic prospects, health and/or abilities have changed, its reasonable to make a new offer.

                            Example: my husband made an offer two years ago. It was based on info he had been given. His ex had made an offer based on what she thought she was entitled to. The judge told her what she was entitled to and she also admitted new info about the kids. Husband then sent an updated offer based on the truth and judge advised ex to update her offer based on what he said the law was. A new offer went out to her with updated numbers.

                            Comment


                            • #15
                              Originally posted by rockscan View Post
                              Yes but if that offer is stale dated then he needs to make an updated offer knowing the info he knows now for retro and then what he anticipates going forward.

                              If he made an offer five years ago and his economic prospects, health and/or abilities have changed, its reasonable to make a new offer.

                              Example: my husband made an offer two years ago. It was based on info he had been given. His ex had made an offer based on what she thought she was entitled to. The judge told her what she was entitled to and she also admitted new info about the kids. Husband then sent an updated offer based on the truth and judge advised ex to update her offer based on what he said the law was. A new offer went out to her with updated numbers.
                              Ahhh, ok. Thank you.

                              Comment

                              Our Divorce Forums
                              Forums dedicated to helping people all across Canada get through the separation and divorce process, with discussions about legal issues, parenting issues, financial issues and more.
                              Working...
                              X