saw the lawyer yesterday...
Well, I had my consult yesterday with my lawyer. First of all, she asked the same question that was asked by everyone that read the motion - what does he want? He does not state what it is that he wants the visitation to change to. She thought that my response was very good. Here is my response (I have not filed it yet).
The Plaintiff, XXXX, respectfully submits to this honorable Court, this objection to the Defendant’s motion to modify the Divorce Judgment, dated December 17, 2001, and entered January 14, 2002, and the Order Amending Divorce Judgment, dated January 5, 2004, and entered January 6, 2004, to reduce child support and to change parent-child contact with respect to the minor children, XXXX, d/o/b XXX, and XXXX, d/o/b XXX, for the following reasons:
a. The Defendant had been residing in the state of New Hampshire, with the burden of travel and transportation solely on the Defendant. The Defendant voluntarily relocated to the state of Vermont; therefore the burden of travel/transportation should remain with the Defendant. The current parent-child contact schedule should remain intact, for the best interest of the children;
and
b. Defendant’s current income has not varied by 15% or more from the income amount listed under the current child support order.
WHEREFORE, Plaintiff requests this court deny the Defendant’s Motion to Modify Divorce Judgment, and for such further relief as the court seems just.
She asked about what type of arrangements we tried to come to, and I showed her the demands that my ex had given me, and my responses to them. I had given logical reasons why his demands would not work, and I still offered him some extra time on one of his summer vacations. He had never responded to any of it, except with this motion to modify. We talked about the whole deviation from child support that he currently receives for his traveling expenses, and how it is figured in. I told her that I'm willing to keep the current deviation, but it needs to be figured so that the deviation comes off the full weekly support obligation, not just his portion of it. She agreed with my arguement that if we were to both travel, then neither of us would have a deviation. He is responsible for his half of traveling no matter what. So, the deviation should only be half, or in this case, taken before his precentage, which would make it more fair to both of us. The way it is figured now is more like a double standard. If we both travel, we're both responsible for our travel expenses, and no diviation. If only he travels, basically I'm responsible for the entire traveling expense, therefore the deviation on only his portion. I'm going to fight for the current deviation to be figured on the total weekly obligation, and he remains responsible for any added travel expenses on his part.
Now when we talked retainer, her retainer is $2000...it only cost me $1000 to retain her for the contempt he filed against me. She said that because there is alot more involved in a motion to modify, she requires more of a retainer. So, that kind of sucks, because I don't have $2000, and neither does my family. I'm getting a settlement from a car accident I was in last year, but I do not know when it's coming in. - I'm hoping it will be in by next month, but I can't plan on that. Now, she did tell me that she knows that I can handle my ex's lawyer, no problem. I told her that it's not so much his lawyer that I'm worried about, but more him - if I have to question him on the stand, I know that he'll give me an attitude, and I don't know how long I'd be able to keep my cool. She said the other thing I could do, is go to the mediation on my own, then if we can't come to any agreement in mediation, that I could retain her for the trial only, and by that time, I should have gotten my settlement, so I'd have the retainer.
So, it looks like I'll be starting all this on my own. Are there any tips anyone can give me to get ready for mediation? I would like to try to find any case law to help me in the traveling issue, where he moved away, would I need to go to the law library for that? I've never been to one, so again, I'm unsure how to look that stuff up.
