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Access and Off Set Child Support Debacle - SOS

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  • #16
    Originally posted by HammerDad View Post
    Sounds positive.


    The issue the ex will have with the agreement is that her lawyer prepared it and it is sounds very one sided. Judges don't like agreements when the terms of the agreement are unconscionable, especially when it is the benefit of the one that drafted it. There will be certain things that judges won't change, simply because the your partner agreed. But clauses that could be found to be unconscionable, they may be altered. Paying full c/s while having 55/45 parenting time and incomes that are 60/40, is not a clause that will likely stand.


    Your partner did himself no favours falling on his sword when the agreement was prepared. Now he is reaping the benefits. Hopefully the two of them are able to come to a middle ground.

    Sorry, are you saying that the sections of the agreement calling for almost full table amount based on what's laid out as a minimum of %43 percent will likely not stand and that he's reaping the benefits now of signing it in the first place?

    They make only a 10k difference now in salary and she only has 1 more weeknight than him a week.

    Or are you saying my partner is basically in trouble by agreeing to it or the opposite.

    It sounds like the judge erred on the side of both incomes needed to be brought into the equation based on the minimal difference between each and the access already going on. That the off set approach was most likely to be used in determining the amount but it sounds like that could change judge by judge and we'll have a different one at the settlement conference.

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    • #17
      Originally posted by EmilyJ View Post
      Sorry, are you saying that the sections of the agreement calling for almost full table amount based on what's laid out as a minimum of %43 percent will likely not stand and that he's reaping the benefits now of signing it in the first place?

      They make only a 10k difference now in salary and she only has 1 more weeknight than him a week.

      Or are you saying my partner is basically in trouble by agreeing to it or the opposite.
      I am kind of saying both.


      Your partner is in trouble for signing the agreement. This motion is part of the trouble. Because he fell on his sword years ago, he now has to go through this rigamarole to get what should have been standard offset c/s.


      Your partner may be successful, there are no guarantees. I do think that her lawyer drafting the agreement and making it very one sided increases the chances of success. But the level of success will likely be measured, and likely specific spots that the judge believes the agreement is unconscionable. But court is very much a crap shoot, so there are no guarantees.

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