Mediation?

[megawattpwr]

What is the name of your state (only U.S. law)? Illinois

My ex and I were ordered by the judge to go to mediation for child custody and visition. Since then we have gone and we do have an agreement that was reached but now she had her lawyer send me copies of the order that her lawyer was going to submit in court and it's all messed up. There are things in the order that were never even disussed in mediation and some that we agreed against but her lawyer added it to the order anyway. I am wondering if she can do that? I was under the impression that the agreement we reached in mediation was what would be submited in court? What will the judge most likely do since she is attempting to add things to the order that were never even discussed in mediation?

Also, Is a mediation agreement a binding agreement from the date it was reached? Jus twondering because my ex also want's me to pay for things before it has even been ordered by the judge?

 

[Ohiogal]

Mediation agreement is NOT binding until it is made an order by the court. And what things were added? Sometimes things are necessary to be included.

 

[megawattpwr]

Well, I have not signed it so nothing has been done with it yet but my ex plans to take it to court as is and will not fix it before submiting.

The things that were added were not even discussed such as requiring me to pay 1/2 of all uncovered medical expences for the past three years. I agreed to start paying 1/2 of uncovered medical but did not agree to pay for the past three years. She also added that I pay 1/2 of her insurance premiums which was never discussed.

If I object to thoes papers in court what will the judge do? Will he start a trial or will he order only what was agreed to in mediation? Or possable send us back to mediation again? I have no lawyer so I am afraid that my ex and her lawyer are trying to take advantage of that!

Thanks

 

[Ohiogal]

Well, I have not signed it so nothing has been done with it yet but my ex plans to take it to court as is and will not fix it before submiting.

The things that were added were not even discussed such as requiring me to pay 1/2 of all uncovered medical expences for the past three years. I agreed to start paying 1/2 of uncovered medical but did not agree to pay for the past three years. She also added that I pay 1/2 of her insurance premiums which was never discussed.

If I object to thoes papers in court what will the judge do? Will he start a trial or will he order only what was agreed to in mediation? Or possable send us back to mediation again? I have no lawyer so I am afraid that my ex and her lawyer are trying to take advantage of that!

Thanks

Most likely it will go to trial. Unless you get lucky and the judge allows the attorney to make the changes. Why don't you want to pay 1/2 for the past three years? How old is the child?

 

[wileybunch]

She also added that I pay 1/2 of her insurance premiums which was never discussed.

Also, is this how it's worded? "Her" insurance premiums? Or the coverage she has for the "child"? If the latter, that's normal you would be responsible for 1/2. You should expect to pay this. Have her submit something each enrollment period showing the cost to cover the child for the coming year (ie. the benefits enrollment info) so you know the coverage is for your child (and only for 1 child if there are different coverage levels -- you shouldn't be responsible for 1/2 of a family coverage if there's a lesser coverage available).

 

[megawattpwr]

We agreed in mediation that i would not pay for the past three years because i covered the child durring that thime even though she was ordered to provide coverage. She could not because she only worked part time so I was doing that as a favor to her.

The child is 7 and currectly I have her more than she does but I still pay 20% of my income for child support plus provide dental and now she wants me to pay for the past three years of uncovered expences when i provided the insurance for that period. She didn't pay any part of the coverage that i provided when she was unable to.

So if i object to the order saying that there are things in the order that were not discussed in mediation and show the judge the mediation paperwork he will still send it to trial? Isn't the point of mediation for the parents to come to an agreement so that the judge does not have to start a trial? We already have the mediation agreement i don't understand how she can just add what ever she wants to it?

 

[megawattpwr]

They figured the differance between single coverage and employee plus child and want me to pay half of that! My insurance premiums are less than hers so if that's the case i would rather provide coverage.

 

[Ohiogal]

We agreed in mediation that i would not pay for the past three years because i covered the child durring that thime even though she was ordered to provide coverage. She could not because she only worked part time so I was doing that as a favor to her.

The child is 7 and currectly I have her more than she does but I still pay 20% of my income for child support plus provide dental and now she wants me to pay for the past three years of uncovered expences when i provided the insurance for that period. She didn't pay any part of the coverage that i provided when she was unable to.

So if i object to the order saying that there are things in the order that were not discussed in mediation and show the judge the mediation paperwork he will still send it to trial? Isn't the point of mediation for the parents to come to an agreement so that the judge does not have to start a trial? We already have the mediation agreement i don't understand how she can just add what ever she wants to it?

Mediation is NOT binding.