certificate of Independent legal advice

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lets_be_fair

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I have been back and forth with my x's lawyer and we have come up with an arbitration agreement. My X refuses to pay anything since she claims she makes no money (she is presently going to school with government assistance). One agreement states she makes no money so therefore I will be paying the arbitration. In the best interest of the children I want to see this arbitration happen. NOW, I find I need a certificate of independent legal advice to go along with the arbitration. This will cost me another $250 - $350 for a lawyer to sit down and discuss this agreement with me before it is forwarded to the arbitrator. Is using a "free" lawyer at the court house during the "free" advice time sufficient? What would my best route be from those of you who have done this on your own?
Thanks.
 
Yes you do need a cert of ILA. And to get one a lawyer will have to review the contract and explain it to you.

But I would back track and get her to pay at least a portion of the arbitration. If you don't you are effectively paying for her to argue with you.
 
One agreement states she makes no money so therefore I will be paying the arbitration.
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Why not pay her share, then be credited for the amount when you make a future payment (equalization, support, etc)? Food for thought.

Is using a "free" lawyer at the court house during the "free" advice time sufficient?
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No lawyer will take on insurance liability without receiving remuneration. While ILA can be obtained on the cheap, finding it below $500.00 is extremely rare.

It is not unreasonable for ILA to be over $1,000.00.
 
cost of arbitration

cost of arbitration

SingingDad said:
But I would back track and get her to pay at least a portion of the arbitration. If you don't you are effectively paying for her to argue with you.
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There is no other way to get this done without paying the full amount. She downright refuses. She claims she makes no money so any pro rata share from her will be NIL. I am willing now to pay as this is the only way to get this order re-looked at in the best interest for the children.
Thanks for the advice on the ILA.
 
She claims she makes no money so any pro rata share from her will be NIL.
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Why would this be pro rata? If you had a room mate, would you split rent pro rata?

You are two adults looking to share the cost of a service you are purchasing together. Why would you split it any way other than 50-50? If she needs you to front the money and she will credit it to you later, fine.
 
If you do decide to pay the full amount I think OrleansLawyer's idea of saying that the cost will be credited to you for any future equalization is the best approach. Pro rata shouldn't even be a consideration it should be equal cost to both parties.

I did something similar when my ex and I went through the New Ways for families program.
 
There are so many changes to the current custody agreement that it is no longer valid. She refuses to accept this is true because they are all due to her quitting her job, going back to school full time, leaving the children with babysitters from 6 am until 7:30 pm because of her nursing school ect.. . Therefore she is refusing to go to arbitration because it is all changes she has made. Since there is substantial material change I am asking for 3 extra days per month and this will put us into a 50/50 with (hopefully) week abouts which I think will be better for the children and their bussing/daycare schedules. Right now they are all over he place with which bus they take to school and to home from which parents house because of the varying days they are with each parent.
Anyway, the last time we arbitrated we sorted it out at tax time, this time she is refusing.
She agreed to sharing pro rata ONLY if there is material change, but since she sees now that there is considerable material change, she is saying she makes no money and will not show me otherwise.
 
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