mediation settlement agreement lies.

[John-J-Jay]

4 years ago my ex and I agreed in a mediated settlement agreement that she would not be required to pay me child support based on her testimony in mediation that she would no longer be working after she gave birth to the baby she was carrying at that time (not my child). Four years have passed and she never quit working as soon as her 2nd child was born she went back to her employer and makes great money.

That being said can I go back on past child support that wasn't ordered because of the circumstances of her stating she wasn't going to be working any longer yet she has remained employed?
I have written letters and emails supporting this.

Since she is now contesting me in court by "trying" to stop child support and contesting custody. How will the court view her lies during mediation 4 yrs ago? will it hold any revelancy?

she is now contesting custody as a result of retaliation move to me asking for child support. How will the court view the fact she made numerous lies during mediation which resulted in the mediated settlement agreement being agreed too? will this hurt her case of trying to get custody I've had for almost 10 yrs?

[mistoffolees]

>4 years ago my ex and I agreed in a mediated settlement
>agreement that she would not be required to pay me child
>support based on her testimony in mediation that she would no
>longer be working after she gave birth to the baby she was
>carrying at that time (not my child). Four years have passed
>and she never quit working as soon as her 2nd child was born
>she went back to her employer and makes great money.
>
>That being said can I go back on past child support that
>wasn't ordered because of the circumstances of her stating she
>wasn't going to be working any longer yet she has remained
>employed?
>I have written letters and emails supporting this.

It's very unlikely that you will get back support (see below). You are free to request support at any time due to the change in circumstances and you'll probably get it.

Actually, you'll probably get back support, but only back to the time you file for a modification, not before.

>
>Since she is now contesting me in court by "trying" to stop
>child support and contesting custody. How will the court view
>her lies during mediation 4 yrs ago? will it hold any
>revelancy?

Nope. In fact, if you keep accusing her of lying, it's more likely to hurt you as she will argue parental alienation. Drop the 'lying' bit.

All she has to say is that at the time you reached your previous agreement she didn't intend to go back to work, but she later changed her mind (heck, it might even be true!). There's no way they're going to buy that it was an intentional lie unless you can somehow prove it - but I can't imagine how you could do that.

Just file for your modification going forward and let the past go.

>
>she is now contesting custody as a result of retaliation move
>to me asking for child support. How will the court view the
>fact she made numerous lies during mediation which resulted in
>the mediated settlement agreement being agreed too? will this
>hurt her case of trying to get custody I've had for almost 10
>yrs?
>

If you've had custody for 10 years with no problems and the kids are doing well, it's hard to imagine why the court would want to make a change in custody - unless there's something you're not disclosing. She can always ask for a change of custody, but she has to convince the court that it's in the kid's best interest. Can she really do that?

Your attorney will point out that she was fine with custody for 10 years until you asked for child support modification and it's all about money. The courts see that all the time and it usually doesn't work.