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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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  #11  
Old 09-13-2021, 01:49 PM
rockscan rockscan is offline
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Yes. Its considered minutes of settlement.
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  #12  
Old 09-13-2021, 03:49 PM
cleanSlate cleanSlate is offline
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Quote:
Originally Posted by gmcode View Post
Seems only way to progress a settlement in a timely and cost effective manner is to terminate the representation?
Lawyers can be a tremendous and needless financial burden.
In addition to that, in my experience, many are not competent (not exaggerating here).

You can ask your lawyer if you can be on a limited retainer agreement, but at this late stage that seems like a poor idea.
Sometimes what you think is smart and is right and actually is doesn't fly in courts.

What is wrong with the offer made?
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  #13  
Old 09-13-2021, 05:24 PM
gmcode gmcode is offline
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It is an lump sum child support agreement, I know it is stupid and can come back to court again later on. But I want the lump sum to be reviewed/recalculated based on income if go to court again in the future, if overpaid, I won’t be ordered to pay more. I fully understand my rights and responsibility and will take the risk. I really don’t understand why the lawyer has to analysis it although I have clearly declared it would be my own decision, just need the lawyer to finalize it with the other parties lawyer.
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  #14  
Old 09-13-2021, 05:35 PM
cleanSlate cleanSlate is offline
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For that I would let your lawyer handle it, I don't see how you could do better.
If there is a mistake the other lawyer is ethically bound to tell yours, maybe they won't.

My agreement had something about no retroactive child support owed before Jan X, xxxx. I didn't think CS could be waved.
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  #15  
Old 09-13-2021, 09:46 PM
rockscan rockscan is offline
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Quote:
Originally Posted by gmcode View Post
It is an lump sum child support agreement, I know it is stupid and can come back to court again later on. But I want the lump sum to be reviewed/recalculated based on income if go to court again in the future, if overpaid, I wont be ordered to pay more. I fully understand my rights and responsibility and will take the risk. I really dont understand why the lawyer has to analysis it although I have clearly declared it would be my own decision, just need the lawyer to finalize it with the other parties lawyer.

Uh, you may be ordered to pay more especially for section 7. You cant agree child support away. Not to mention you are trusting your ex to not do this again when she has proven she doesnt give a crap about you.

The lawyer is also doing his own due diligence and protecting himself from a future suit against him by you.

Truly though this is a ridiculously dumb decision on your part. Why you want to pay her more than what she is owed has got to be one of the most bone headed decisions Ive seen.
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  #16  
Old 09-13-2021, 11:29 PM
gmcode gmcode is offline
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because
1. I am willing to help child if I can.
2. save a great deal of legal cost
3. save time, reduce stress.
4. poor health condition, work on disability leave. I am ok if overpaid the CS when my income drops due to disability, just don't want to fight it again especially when disability.
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  #17  
Old 09-14-2021, 12:03 AM
rockscan rockscan is offline
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Quote:
Originally Posted by gmcode View Post
because
1. I am willing to help child if I can.
You are obligated to pay. Its not help if you can. What happens in five years when you cant but you are still obligated?
Quote:
2. save a great deal of legal cost
You could have self repped. Not to mention having to pay more legal costs in the future when she comes back and she will.
Quote:
3. save time, reduce stress.
Again, you will experience more stress this way. She will come back.
Quote:
4. poor health condition, work on disability leave. I am ok if overpaid the CS when my income drops due to disability, just don't want to fight it again especially when disability.
You wouldnt have to fight it again with an agreement that outlines changes. You pay based on your income. If your income goes down you pay less.

Again, this is a ridiculous approach and to be honestquite lazy. Not to mention years from now your child will see it as you paying her off to disappear. That is terrible for a child even as an adult!


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  #18  
Old 09-14-2021, 10:21 AM
ifonlyihadknown ifonlyihadknown is offline
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Your lawyer works for you.

It looks like the two of you don't see eye to eye. It doesn't really matter if you are in the wrong or your lawyer is in the wrong. Or you're both right, or both wrong. You don't see eye to eye.

Time to get a new lawyer.
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  #19  
Old 09-14-2021, 12:58 PM
gmcode gmcode is offline
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yes that is what thought, my lawyer works on his own plan.
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  #20  
Old 09-14-2021, 01:08 PM
gmcode gmcode is offline
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Quote:
Originally Posted by rockscan View Post
You wouldn't have to fight it again with an agreement that outlines changes. You pay based on your income. If your income goes down you pay less.
that is a term I want to put in a settlement to review the lump sum amount based on actual income and CS guideline if they come back again later on. Say, if my actual income decreased in 2 years, but the lump sum was paid based on current income good for more than 2 years, will the court order to resume monthly payment if they come back again in 2 years?
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