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neverending...

Started by fight4him, Aug 31, 2011, 12:48:02 PM

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fight4him

Wow. I was hoping this was going to be over but it isn't. Guess what looks simple, usually isn't huh? Anyway, dad and BM both signed a paper agreeing on modifying visitation and  child support. Dad faxed it to his attorney in front of BM. Our attorney sends us the same letter she sent the BM's attorney. All of a sudden her attorney doesn't want her to sign the "formal" papers because she thinks the child support is too low. Our attorney figured the child support by using both wages and the state calculator. How could it be too low? Geesh. We were under the impression that if dad and BM both signed a paper that our attorney could just admit the papers to the judge and be done with it. So dad just told BM that we may as well go on through court then because he doesn't know what else to do.
Anyone know anything about this?

Davy

Sure.  Family law is a business enterprise whereas the more adversary an attorney creates the more money they make.

bloom6372

If both of them signed the paperwork, couldn't your attorney just submit that with a motion to make it an Order? Let BM's attorney file to argue it and let the judge decide if they will go by the agreement.

fight4him

Our attorney is a flat fee, no matter what. I'm sure BM's is too. So it doesn't make sense. It looks like they would do everything quick as possible to so they have to spend less time on it.

I thought she would just file it with a motion too. Had no idea it was going to have to go to the other attorney. That's not how she explained it to us but it's what she did.

ocean

Does BM want these papers to go through? Then tell her to call your lawyer and just send it in.
No such thing as a flat fee...lol. Flat fee IFFFFF it does not go to court...but you see how they play games. If BM does not want the papers signed, then have your lawyer call hers, and ask what his child support number is since yours is by the state...

MixedBag

Since BM has an attorney, involving them was the right thing to do.

In your case, I'd simply ask your attorney to file the agreement that was signed and request that the court turn it into an order.

Then let BM and her attorney duke it out -- because it's her bill with her attorney that's gonna go up, and go from there.

Different states handle "signed by both" agreements differently.

I know that in AL and in WV, it's talked about in the code in the mediation sections.