Q: Can I change what I asked for in the modification while we are in mediation?
I filed to modify our child support and visitation in Oregon. Originally I just wanted to add a pick up and drop off time and detail to the visitation we already have set up- because he is always leaving us hanging until the last minute on schedule details. For the child support I simply used the state calculation sheets.
He had decided to reject this, and also to ask for joint custody when I have had sole custody, so I am preparing to go into mediation.
While gathering documents to show my level of responsibility vs his, I am realizing I really am being far too nice. I have documents to show he left me with our full debt despite a court order to pay half, he also cashed out his retirement and allowed the IRS to charge me the penalty. I also have to pay interest and late payment fees on things that aren't paid, why shouldn't he pay interest too?
My question is, now that I filed and submitted my forms, can I go into mediation and ask for all this?
A: You may amend your modification pleadings to allege the additional claims you have, but you will probably need court permission to do so. This may delay your mediation. If your mediation is through the court system rather than through a private mediator, the mediator may only be authorized to discuss custody and parenting time issues, and perhaps child support.
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