Changing mind on Mediation!

[J&A]

What is the name of your state? CA

I had my mediation court date in May. The mediator completely sided with me on all issues as my ex was mean and confrontational the entire time. She also caught herself in two lies. With the mediator basically telling her she should give me extra time, my parenting time was increased in mediation to about 40%. Now my ex has retained an attorney is saying she was not aware of what she was doing in mediation and trying to change the parenting time to approximately 20%. Court is this week.

What is the likeliness of a judge siding in her favor? Can she go back on what she already agreed to?

 

[J&A]

One more thing

Before we were divorced I had a job at $30 per hour in the military. I broke my back and since that time (6 years ago), have only held jobs that pay $12-15 per hour. She is requesting that the court make me get a job that is $30 an hour in "my trade." I can't even work in that trade with my injury. Can she do this too?

 

[LdiJ]

Before we were divorced I had a job at $30 per hour in the military. I broke my back and since that time (6 years ago), have only held jobs that pay $12-15 per hour. She is requesting that the court make me get a job that is $30 an hour in "my trade." I can't even work in that trade with my injury. Can she do this too?

Yes, she can "go back" on what she agreed to in mediation if her attorney can convince a judge that she didin't understand or was intimidated. That doesn't mean that the end result won't be the same as what she agreed to...simply that she has the right to have it decided by the judge.

Whether or not her attorney can convince a judge to "impute" income to you based on your trade...depends on a whole host of factors that we can't determine here. However the bottom line is that it really depends on whether or not you really could be employed in that same trade, with the same pay...or can't because of physical issues or job market issues.....AND the evidence that either side could submit.

 

[casa]

What is the name of your state? CA

I had my mediation court date in May. The mediator completely sided with me on all issues as my ex was mean and confrontational the entire time. She also caught herself in two lies. With the mediator basically telling her she should give me extra time, my parenting time was increased in mediation to about 40%. Now my ex has retained an attorney is saying she was not aware of what she was doing in mediation and trying to change the parenting time to approximately 20%. Court is this week.

What is the likeliness of a judge siding in her favor? Can she go back on what she already agreed to?

It's been my experience (personally & through observation) that CA judges rely heavily on the mediator's report. If both sides cannot agree- the judge typically adopts the recommendation of the mediator as the court order. Exceptions to this are if the things the mediator found relevant can be discredited/disproven by the other party via documentation etc. at the hearing.

Re; your wages- You should have to submit your income & earnings, which is what the child support % will be calculated by. If you have gone down in wages- you need to address why that is. ie; Doctor's reports to demonstrate you have had an injury which prevents you from your previous occupation etc.