mediation

number54's picture
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Hello everybody. I am seeking some advice. I had a child graduate from high school this year. I went to court 06/03/2010 for a review/reduction. (income down 15,000). The court ordered a mediator. The problem is, my ex cant pick a 'date that works for her'. We're going on 3 months since graduation and just want this taken care of. I currently pay 1000.00, and with my income vs. her income will go down to 517.00. How long does my ex have to pick a 'date that works best for her'? Thank you in advance.

number54's picture

I don't know. Our lawyer gave her lawyer a bunch of dates to choose from. She said she needed 3 day advance, due to doing daycare....that was 3 wks ago. Unsure of what our next step should be. We have indicated to our lawyer on going back to court to have the judge court appoint the mediation date. That is still being talked about.

Tx mommy of 3's picture

Have your attorney push to set a date. Have the attorney say THIS is the date for mediation. If she's not there then it'll go down like a no show and the attorneys an decide what to do then. She is working the system and is trying to prolong this as long as he can.

number54's picture

Thank you and I totally agree. Why would she take time out of her schedule to go meet with someone that is going to lower her child support? Right? Just wondering...how long can she prolong it though? 1,2,3,4 years??? Its so frustrating. I know I have to pay child support, I don't mind-it's the right thing to do. Just want to meet and get it over with. Hate that she's got the upper hand as to when it's all going to happen. UGH!

Tx mommy of 3's picture

Check your state laws. I know with us we went to mediation to avoid going to court. When they file we had 30 days I think to set a court date which we did. But then our attorney talked to hers and they agrees we should do mediation instead. Mediation had to be before the court date. Had we not done mediation or if bm wasn't working on a date then we still would have had to make our court date. Talk to tour attorney and ask them. But she can't get away withthat for years. She can file a continuance (?) but I don't know how many times. Also, remember she has to pay her attorney and the longer it takes the more she pays. Or have your attorney push court instead of mediation. If you have a valid reason for the cs to go down then she may not want to go to court. What does your attorney say?

number54's picture

I do have valid reason. Two actually...kid graduated and income down. According to the child support calculator..i should be paying 507. Our attorney is worried that if we just go back to court hes just gonna be angry. Yep he is...but not at us. We gave her attorney tons of dates and she said her 'client' needed 3 days advance due to doing daycare....that was 3 wks ago. She knows its going down...thats why shes not picking a date. At wits end....

motogal32's picture

We had the same problem. Our mediator Pro Rated what the child support payments should have been from when income changed and made her pay us back.

number54's picture

Our lawyer called yesterday...he talked to her lawyer, who by the way, wants this done also. Our lawyer told her that August 26th mediator has a opening and that is plenty of notice. So hopefully its a go and we can get this done. Keep ya posted....