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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #1  
Old 09-16-2019, 07:13 PM
AlmostThere_Hopefully AlmostThere_Hopefully is offline
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Default 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.
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Old 09-17-2019, 08:20 AM
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"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.
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Old 09-17-2019, 08:35 AM
AlmostThere_Hopefully AlmostThere_Hopefully is offline
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Quote:
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.
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Old 09-17-2019, 08:38 AM
AlmostThere_Hopefully AlmostThere_Hopefully is offline
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Quote:
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.
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Old 09-17-2019, 08:43 AM
rockscan rockscan is offline
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Quote:
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.
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Old 09-17-2019, 08:58 AM
AlmostThere_Hopefully AlmostThere_Hopefully is offline
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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.
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Old 09-17-2019, 09:06 AM
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Quote:
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.


Quote:
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.
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Old 09-17-2019, 09:22 AM
AlmostThere_Hopefully AlmostThere_Hopefully is offline
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Quote:
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.
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  #9  
Old 09-17-2019, 09:56 AM
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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?
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  #10  
Old 09-17-2019, 10:06 AM
rockscan rockscan is offline
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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.
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