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?
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?
Comment