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Lawyer Wants Me to Settle

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  • Lawyer Wants Me to Settle

    My ex served me two years ago, and I didn't respond. So our divorce was settled in an uncontested trial... which was obviously skewed in her favour.

    I quickly lawyered up, and filed a motion to set aside the judgement. Denying her claims of abuse, child neglect, ect.

    She served us with her affidavit with pictures of the abuse... I only remember one incident which was self defense... the others are not true.

    My lawyer says that it looks really damaging and wants me to take her offer to settle. Which asks me to pay all her lawyer costs upon accepting the offer, and paying her the 10k that I owe her in child support.

    It would give me more time with my kids, but it seems ridiculous to have to pay all of that upfront. I would need to take out a loan or something, but my lawyer said I would be liable for all of that anyway if I lost the motion. But at least it wouldn't be upfront...

    Is it possible to win the motion? I have no proof that she is lying about the abuse, it is he said she said.

  • #2
    Why do you owe her cs? If you are in arrears then you need to pay that asap.

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    • #3
      I am paying for a lawyer to get my kids back... I can't pay both.

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      • #4
        Well the judge is going to be critical of that. They will also question why you didnt contest the original filing that got you in this situation. Likelihood of winning the motion with cs outstanding and a non contested application loss is slim to none.

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        • #5
          Seems like you created this situation yourself by not responding to her first filing and now you’re not paying child support. That looks very bad on you and you will have a hard time convincing a Judge otherwise. You should listen to your lawyer, settle, pay your child support and move on with your life and be there for your children


          Sent from my iPhone using Tapatalk

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          • #6
            Originally posted by Solarwinds View Post
            I am paying for a lawyer to get my kids back... I can't pay both.
            have you been seeing the kids for the last two years?
            what made you decide to lawyer up after she was successful in the uncontested trial?

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            • #7
              I have them every second weekend... and a visitation on Saturdays now.

              Before the order I had them every Wednesday overnight too... but she states it's not in the kids best interest to be with me during the school week and lists a bunch of BS as to why.

              So I went back to get them back Wednesdays... she offered to give me them on Wednesdays during summertime, but not school year.

              I didn't think she was serious when she served me... why I never replied... my mistake.

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              • #8
                Make an offer to settle yourself, make it severable. Did I mention that it must be severable? Yeah, it has to be severable. Offer the following:

                A) to pay the entire child support arrears
                B) to have the kids during the summer on Wednesdays
                C) to have the kids during the year on Wednesdays.
                D) no costs

                She will accept (a), which will be ordered anyway so might as well offer it. She will likely also accept (b). Then you can fight for (c). It is important to offer (a) otherwise you are going to lose badly.

                Also, I would consider taking out a loan pre trial and paying off the CS arrears. You are going to get smoked if you don't do that.

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                • #9
                  Settle. Your lawyer is giving you good advice.

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