Civil Matters Improperly Handled in Family Court

[AMess]

My question involves malpractice by a lawyer in the state of: KY

In May of 2008, I retained an attorney to help me break-up with my ex (unamrried). Ex and I co-own a home and car and have a mutual child.

Ex's 1st attorney, my attorney, and the family court judge verbally agreed to handle all issues in the family court to lessen costs. Family court ordered ex to make 1/2 of house payments, child support, visitation, etc. similar to a marriage. Ex did not comply with any of the court orders. Contempt charges have been filed, but every court date is filled with addressing ex's bogus complaints.

Ex's now 3rd attorney argued at a hearing that the family court has no subject matter jurisdiction to rule on the property issues. From everything I have recently read, ex's attorney is correct.

I need advice on how to handle my attorney. We have the final custody hearing in March. I have been awarded temporary sole custody twice bc ex does not care for son or cooperate with me to care for him (he has special needs).

I have sent my attorney 2 emails now that ask him what the plan is regarding the property. IMO at the next hearing, the judge will rule that she did NOT have subject matter jurisidiction, and the 8K I have already paid my attorney has been in vain. I also received a new attorney bill this weekend for another $3500.00.

In the emails, I have indicated that through my own research, my case should have been filed in civil court for the property matters. I ask if he will consider filing in the correct court "pro bono." I'm sure this isn't the right wording, but I essentially want my attorney to file the case in the right court for the money I have already paid him. Is this reasonable? What other suggestions do you have?

To date, I have had no response from my attorney, and the first email was 3 weeks ago.

My ex decided it would be a good idea on Christmas day to send a sheriff to my home and serve me an "unauthorized use of a vehicle" police report. He has apparently gone to the local DMV and had my name removed, even though one of the family court orders states that I have "exclusive use of the vehicle." My attorney has not responsed to me regarding this either.

It's a mess! Who has advice for me? Please share!

[Mr. Knowitall]

If we are to guess as to the details, you seem to be indicating that you had a custody and child support matter before the family court and, after you and your ex- both discussed the issue with your lawyer, you all agreed to have issues pertaining to the division of property handled by the family court to save the expense of filing a separate action in civil court. Now your ex- is objecting to the property division, claiming that the family court lacks jurisdiction over the agreement as it lacks subject matter jurisdiction. Is that about right? I hate having to guess.

If you and your ex- agreed to a specific division of assets in family court, even if the court finds that it lacks subject matter jurisdiction to enforce the agreement, you may be able to enforce the agreement in circuit court under principles of contract.

If the purpose of proceeding in family court was to save money, and you consented to the procedural irregularity to do exactly that, an adverse ruling by the trial court would raise questions about your attorney's (and the judge's) judgment in terms of attempting to address the issues in family court, it nonetheless appears that you did save the money involved in filing a circuit court action. When you knowingly try something to save money and it doesn't work, that doesn't automatically mean that you get the more expensive alternative for free.

You can of course attempt to negotiate for free or discounted work from your lawyer, or switch to a different law firm.

I have no way of looking into what happened with the vehicle registration, how your name could be removed without your consent, or how the police resolved the issue.

[AMess]

You made some very correct assumptions. I mean, my attorney never approached me and asked if I wanted to handle it in family court. It was decided in chambers with the two attorneys and the judge.

So, you are saying that because family court is a division of circuit court, there is something my attorney can file to transfer the case from family court to circuit court under "the principles of contract?" Can you tell me more about this?

Also, what does "adverse ruling by the trial court" mean? What is the trial court?

One of the court orders states that I have "exclusive use of the van." Despite this, and probably because ex knows it is only a matter of time until the property issues are thrown out of family court, ex went to the local DMV and removed my name from the van. In KY, when it is titled "name OR other name," only one signature is required to remove a name. The sheriff was very apologetic for being here on Christmas, but stated ex insisted he come that day, and ex wanted him to tow the van out of here! The sheriff stated he would inform ex that the van is tied up in court matters, so he did not take the van. However, the tags are due to be renewed in February, and my name is no longer on the title. I will be without transportation, as the DMV says they cannot help me and that it is a legal question.

You have no idea the kinds of things ex does. This is just another move. I need help.

[Mr. Knowitall]

No, I'm stating that a settlement agreement is a contract, so if you have a valid settlement agreement that can't be enforced in the family court, you may still be able to enforce the same agreement in a regular civil court.

[AMess]

Ex and I wrote up how things would be, but then he of course didn't sign that either. Hence, I retained the attorney and now nothing that the court has ordered will stand up either once the judge rules she did not have SMJ.

Any other legal suggestions you might have for me? Will the family court orders have any bearing in a civil suit as far as easing the process/lessening the costs?

Do I file just a regular civil suit or does it have to be partition? We have the home that is months behind in payments and way under water and the van that is paid off that is in his name only now.

[Mr. Knowitall]

I would suggest either (a) working with your lawyer to straighten things out, or (b) hiring a new lawyer to assist you with your various legal issues in family, bankruptcy, and circuit court.