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Judge disregarded mediation paperwork

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Divorced2019

New member
What is the name of your state? Wa.
My wife wanted to go to mediation. She wanted some back child support for when our daughter lived with her for a year. For me to help daughter with college and to be financially responsible for some back taxes. I agreed to this if she would not go after my military retirement. She agreed until we got in front of the Judge in July 2019 and then asked for half of my retirement. I had been helping my daughter with school and had just started to pay her the money owed and dealing with the IRS. The Judge disregarded the Mediation. And ordered me to give up half of my retirement and still help my daughter and taxes. Nothing on the child support. Do I have any recourse against the Judge for disregarding the Mediation paperwork ?
 


Zigner

Senior Member, Non-Attorney
What is the name of your state? Wa.
My wife wanted to go to mediation. She wanted some back child support for when our daughter lived with her for a year. For me to help daughter with college and to be financially responsible for some back taxes. I agreed to this if she would not go after my military retirement. She agreed until we got in front of the Judge in July 2019 and then asked for half of my retirement. I had been helping my daughter with school and had just started to pay her the money owed and dealing with the IRS. The Judge disregarded the Mediation. And ordered me to give up half of my retirement and still help my daughter and taxes. Nothing on the child support. Do I have any recourse against the Judge for disregarding the Mediation paperwork ?
You had a mediated agreement that your ex decided she no longer agreed to. Your settlement fell apart before being ordered by the court.
 

Taxing Matters

Overtaxed Member
Do I have any recourse against the Judge for disregarding the Mediation paperwork ?
Absolutely not. Even if the judge was wrong to ignore it the judge has absolute immunity from lawsuit for the decisions he makes on the cases before him. If he got something wrong, your remedy is to appeal the wrong decision, not sue the judge.

In most states, however, a mediation child support agreement is not final until both parties approve the agreement and the agreement is approved by the judge. If a party decides to back out before the court issues the order that implements the agreement, the judge isn't going to approve it. So unless Washington has some rather unusual rule here, the judge has not only done nothing wrong in ignoring the agreement but he had to once your wife told the court she didn't want that and wanted something else.

Talk to your lawyer to see if you have grounds to appeal the order if you wish. But suing the judge is not an option here.
 

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