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  • Initial Application vs Motion to Change.

    Just curious if anyone can answer a few questions for me.

    I ended up settling my first time around on Custody/Access issues.
    As a result, some of my inital comlaints/issues were never tested at trial.
    These issues remain in my opinion (High Conflict used as a mthod to control outcome, Moving away from jurasdiction during litigation, Withholding access days, and more).

    So I'm wondering - can I go back and revisit these issues now that my ex has filed and served a motion to change? Or are these issues no longer valid to bring-up?

    Another question: My ex has a different lawyer this tme around (I am a SRL - both then and now). During settlement discussions, I informed both her and her lawyer I had just landed a new job - and my income was about to become much higher then up to that point. We all decided that we would not go through FRO as the coming change in CS would most likely be easier to accomplish leaving them out of it.

    My ex, in her motion to change, indicates that this did not happen and that she was unaware of my new income until she filed her motion to change. She is asking for retro-active back pay, and an increase in CS to table with my current wage.

    She is lying. Wholly, and completely. During Case Conference the Judge asked her why she withdrew from FRO - she started to explain what had happened, until she realized she was about to explain herself as lying. She caught herself and finished her sentence in some sort of mumbled statement about it being for CS purposes.

    So my question is: Can I call her former lawyer as a witness? I understand there are lawyer/client privilages. But If question him on only what I said to him during those settlement talks - I believe he would be forced to admit that the new income had been disclosed, and that the ex is obviously playing games. There should be no privacy/privilage concerns with his and mine conversation, should there?
    Last edited by wretchedotis; 05-30-2011, 02:50 AM.

  • #2
    Originally posted by wretchedotis View Post
    Just curious if anyone can answer a few questions for me.

    I ended up settling my first time around on Custody/Access issues.
    As a result, some of my inital comlaints/issues were never tested at trial.
    These issues remain in my opinion (High Conflict used as a mthod to control outcome, Moving away from jurasdiction during litigation, Withholding access days, and more).

    So I'm wondering - can I go back and revisit these issues now that my ex has filed and served a motion to change? Or are these issues no longer valid to bring-up?

    Another question: My ex has a different lawyer this tme around (I am a SRL - both then and now). During settlement discussions, I informed both her and her lawyer I had just landed a new job - and my income was about to become much higher then up to that point. We all decided that we would not go through FRO as the coming change in CS would most likely be easier to accomplish leaving them out of it.

    My ex, in her motion to change, indicates that this did not happen and that she was unaware of my new income until she filed her motion to change. She is asking for retro-active back pay, and an increase in CS to table with my current wage.

    She is lying. Wholly, and completely. During Case Conference the Judge asked her why she withdrew from FRO - she started to explain what had happened, until she realized she was about to explain herself as lying. She caught herself and finished her sentence in some sort of mumbled statement about it being for CS purposes.

    So my question is: Can I call her former lawyer as a witness? I understand there are lawyer/client privilages. But If question him on only what I said to him during those settlement talks - I believe he would be forced to admit that the new income had been disclosed, and that the ex is obviously playing games. There should be no privacy/privilage concerns with his and mine conversation, should there?
    In your answer/reply you can ask for any order you wish. Whether it is accepted and so ordered is another matter. The questions of validity will be about relevance, currentness, etc. Just be careful to stay on side of what is needed (relevant) now instead of hashing old issues. Generally speaking you'll have very little room to move in settling old issues that aren't tangible, ie money and assets. 'Soft' issues of the past like access, etc are only material in creating a pattern of behaviour if it continues into the present.

    As for subpoenaing the lawyer, you'll have very little luck. Settlement discussions of any stripe tend to fall under the 'without prejudice' banner. Hopefully you'll have written documentation about communicating the change in income - or was it all verbal? Anyway, I think you need to stay on task: how is the matter of retroactive support relevant unless you are claiming that your ex declined an increase in support and has now had a change of heart? Frankly, you'll have a tough argument even if you could get the lawyer to fess up. It's going to be a lot of he said/she said without much advantage to you.

    Good luck-
    FG

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