Today was the Case Management Conference but before that Stan asked me to stop by his office. When I got there he was eating lunch. As is apparently Stan's nature he was chewing on a granola bar and pondering something. He told me that he would really like to get a settlement completed and proceded to his computer to bring up the Martial Settlement Agreement. I suggested that we review the community property spreadsheet and told him that I have updated figures.
We mulled about that spreadsheet a bit and Stan asked me what kind of a settlement do I envision would be fair and that he knows what will probably happen. So I asked him what would probably happen. He said that I should probably offer something smaller like $750 for 4 months (which is effectively $3000 instead of the $1500 for 3 months which would be $4500). Sly but not exactly what I had in mind.
I told him that Olga is basically removable as charged and should just go home and that I did not feel it was right for me to have to support somebody who is unlawfully present and is removable. I think that surprised him but after telling him about INA law and the fact that she cannot adjust status in anyway I think I convinced him.
We then went to court. Since we were both going there he hitched a ride with me. During the car ride I explained more about why I feel that I should not be required to support Olga and that she should just go home. I told Stan it's not revenge I seek it's justice! Olga is probably scamming the next guy and the INS supports the notion that people who are criminals should not be allowed into this country.
At the court we sat there for about an hour. Stan and Olga's attorney, Tracy, sat up front and were talking most of the time. I believe that Stan was showing her my spreadsheet and other supporting documentation. Unfortunately I could not read Tracy's face.
After court we went outside to discuss the issues. I quickly excused myself to use the rest room and when I came out Stan was there. To my surprise he stated that we should offer that I forgive Olga's debt to me and she forgos the spousal support. If that's not acceptable then I can offer the spousal support but that gets deducted from Olga's share of community debt, but she'd still owe me the rest (roughly $20K). Personally I believe that if I forgive all the debt thus losing $20K in the deal then I want at least a letter from Olga saying that she will comply with the INS and voluntarily depart the US.
Stan mentioned that we'll need statements for all of these numbers. I was just waiting for that! So I whipped out my 50 some odd pages of supporting documentation and said "Already done".
We then walked out of the court house with Tracy towards the garage. I was sort of suprised that Stan did not offer Tracy our supporting documentation so I mentioned to Tracy that I have all the supporting documentation already and we'll be able to get them to her in no time. I also mentioned that if Olga wants the Eclipse she can have it - just take over the payments!
I think I might have finally gotten the lawyer on my side! Geeze the work you need to do as a client! Did I say this before? Lawyers Suck!
Posted by Andrew DeFaria at October 23, 2003 05:55 PM