Did my lawyer just hang me?

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Did my lawyer just hang me?

Unread postby mwalker2018 » Tue Feb 06, 2018 1:52 pm

State is Wisconsin. My attorney's on emergency leave this week so I thought I'd try this.

My ex-wife and I went to mediation for 50/50 physical placement of our child; before it was roughly 75/25 during the school year (in her favor) and 50/50 during the summer.

In the mediation agreement, she made me put in there that effective when the judge signed the order, I'd pay 50% of the daycare costs (previously she was paying it in full). The mediator sent that to the court the day we signed it--but the order about reduction in child support, insurance, variable costs, etc.--wasn't part of that because the mediator doesn't deal with that. I called my attorney that day--nervous that part of it was going to the judge without the rest in place--and her paralegal said don't worry about, if she doesn't sign the order then the mediation is null and void and we go to court.

Well, the judge signed off on the mediation order on Feb 1st and now she wants half the day care--even though the other paperwork for the reduction in child support, variable costs (outside of daycare), etc.--is sitting unsigned at her attorney's office.

If the judge signed off on it, how can it be considered null and void then?

So did my attorney just give up all my leverage? What's to stop her now from not signing that order or dilly dallying for months and collecting the old level of child support?

Did my attorney just hang me?
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Re: Did my lawyer just hang me?

Unread postby grandet2 » Tue Feb 06, 2018 2:26 pm

So you have 50/50 signed by a judge already?
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Re: Did my lawyer just hang me?

Unread postby mwalker2018 » Tue Feb 06, 2018 2:29 pm

Yes. 50/50 physical placement now, I previously already had 50/50 legal custody.
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Re: Did my lawyer just hang me?

Unread postby ScaredNConfused » Tue Feb 06, 2018 2:52 pm

Short answer is no your lawyer didn't hang you. You are responsible to keep on top of your lawyer, my lawyer took exception when I wrote that I would be filing a response. It took a couple of minutes, but I explained to her that while she would do the actual legal filing, I'm managing my legal work and this is a reminder that the buck stops with me.

Now for the root of the question, do a cost/benefit analysis. I suspect you'll find that paying the extra out right now, is far cheaper than any legal action you'll have to take.

Keep on top of your lawyer and get the CS reduction done ASAP.
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Re: Did my lawyer just hang me?

Unread postby mwalker2018 » Tue Feb 06, 2018 3:55 pm

That's what I'm trying to do, but my overall point is, there's no leverage anymore for her to cooperate now. She got what she wanted.

That being said I'm guessing if she doesn't sign by next week, we just go and file the motion with the court ourselves and then it plays out there, costing us both more money (and money she doesn't have) if she tries to fight it. To which, the calculation is based on the DCF calculator so not quite sure how she would fight it in the first place.

Thanks for the response, just trying to work it out in my own head, writing it out helps.
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Re: Did my lawyer just hang me?

Unread postby grandet2 » Tue Feb 06, 2018 4:08 pm

In MI here how it goes:

You get custody signed by the parties and then judge, based on that the court has to automatically recalc CS, the judgement of custody change has a form sent to FOC (friends of court) to recalc based on new overnights and income if stipulated.

So in your case, get a copy of the custody mod signed by a judge, wait for the other party to sign the rest of the stuff, ask other party to sign one more time, then file motion to compel with attorney fees.

Was the childcare cost put in the custody order and signed by a judge?
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Re: Did my lawyer just hang me?

Unread postby HaltAndCatchFire » Wed Feb 07, 2018 10:12 am

Congrats on securing 50% parenting time. A lot of dads here only dream of that.

mwalker2018 wrote:That's what I'm trying to do, but my overall point is, there's no leverage anymore for her to cooperate now. She got what she wanted.

Divorce is about incentives. It's obvious the mother cares more about money than the kids, because she just sold more time to you for half the child care costs. FWIW, paying half of healthcare/extracurricular costs is pretty typical. My own decree stipulates that we each pay our own child care.
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