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Filing Motion To Change without lawyer's help possible?

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  • Filing Motion To Change without lawyer's help possible?

    I need to file a Motion to Change and don't have funds for it. I make too much money to qualify for Legal Aid but too little to pay for a lawyer to represent me. Basically, I signed a Separation Agreement and later on a Reconciliation Agreement without getting advice from a lawyer. My ex is extremely manipulative and somehow convinced me to agree to a few things in the agreements that are tilted to her favour. Because I signed the agreements and we filed it in court, I'm now obligated to abide by them even though they put me at a huge financial mess.
    In the original separation agreement filed in 2013, I agreed to receive $20K from her for our matrimonial home in lieu of child support. My portion of the home in my estimation was about $120K at least. She basically said, and wrote in the agreement, that she forfeits child support for our child and in exchange she will give me $20K. I forfeit my portion of the matrimonial home. Yes, I stupidly agreed to it. It backfired. In 2015 I received an order from the court that says I need to provide $505 per month in child support. My lawyer says the judge probably didn't understand the separation agreement at all, since my ex drafted it and she's no lawyer.
    Second big mistake, in the Reconciliation Agreement she added a clause that says I will keep her in my work medical benefits plan so she is covered for medical insurance. But it also says that if my work medical insurance benefits doesn't cover her, that I will pay for her medical insurance out of pocket for 5 years post divorce. Again, it's a big mistake signing it but I did.
    I realize I made huge mistakes signing these agreements but they've been signed and there's nothing I can do now except to challenge them by filing a motion to change. My lawyer wants a $12K retainer and offered the option of helping me file it myself with their guidance for a $5K retainer. I'm financially drained and even to this day feel the effects of giving up my portion of the house. I don't have $5,000 for the lawyer let alone $12,000. I have no legal education whatsoever. Is it possible for me to put together and file a motion to change myself or is it virtually impossible? Is there a guide for people like me with no clue of family law to follow to make a credible motion to change?

  • #2
    If you accepted 20k for something worth 120k then that was, indeed, a pretty big mistake - 12k legal costs would have been worthwhile (hindsight is everything isn't it?).

    Get another estimate from another lawyer. You kind of sound like you are a gullible sort?

    People file motions to change by themselves, without lawyers, frequently. However, to be successful you have to be prepared to do much research and reading. If you aren't prepared to do that then get a lawyer - you probably should anyhow.

    Child support is right of the child and therefore one cannot simply negotiate that away. Judges know this as do lawyers.

    If you are too stubborn to go to a lawyer then at least try to find a paralegal to assist you. Some law firms sell "un-bundled" services. However, keep in mind that you get what you pay for.

    Why has it taken you 3 years to act on this? How long were you married? Are you up-to-date on the child support payments that you were ordered to pay?

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    • #3
      I will find another lawyer or paralegal. I don't mind doing most of the work with a lawyer's guidance. I got myself in this situation because I foolishly avoided professional help before, so I insist on having a lawyer fro here on in.

      As you said, I can do it myself but I don't want to do any further damage to my case so it's best to find a lawyer. That's what I will do. I'm not after the cheapest of the cheap lawyer, just someone cheaper than my current lawyer because I can't afford them.

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      • #4
        Papa905, contact this group, they helped out a friend of mine and he highly recommended them:

        http://www.fathers-resources.com/Mee...3/Default.aspx

        Also check out this site for lawyers offering discounted rates:

        https://www.justicenet.ca/

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        • #5
          Thank you kate331. I emailed my lawyer last night and asked if it's possible to get their help for a lesser retainer. I told her I'm willing to do whatever work I can with her guidance. I will check out the links above.

          Comment

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