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  1. #1
    Join Date
    May 2016
    Posts
    10

    Default How to Seek Sanctions for the Other Party's False Claims During a Divorce Case

    My question involves a marriage in the state of: Illinois

    I'm in the middle of a divorce after being married 39 years to an abusive alcoholic.

    I was advised to accept the offer of the use of a joint credit card for necessary living expenses plus payment of house expenses and insurance in lieu of maintenance.

    My spouse claims $24,000 a year on income taxes, in reality it's between $150,000 and $200,000. There is approximately $3-$4 mil in assets. That's another story. I make $10,000 in a good year. I was the majority breadwinner when we were first married.

    Besides the numerouse false accusations that don't make a difference in a no fault state anyway, my husband's attorney has filed intent to claim dissipation twice so far. The reasons on the first filing were groundless and comical, but the second one is based on absurd, easily proven false statements.

    The evidence supplied with the second filing reiterated many from the first, but added to it was a copy of the joint credit card statement for December with a large number of purchases highlighted. The credit card statement shows the place of purchase and the total. They highlighted proof of my waste of marital assets included Walmart (groceries cleaning supplies, etc) Kohls, a toy store, Costco, Amazon, eBay, Menards, etc (Christmas gifts) a tire store (replace bald tires), a gas station (gas to drive home from seeing grandkids)....you get the idea.

    The most ridiculous highlighted expenses were a charge to a major airline for my ticket to spend Christmas with my sister and the fee to take my small 14 year old dog on the plane with me.

    The dissipation claim stated "That xxxxx xxxxx, without xxxxx xxxxx's knowledge or consent, has made charges on the credit card for her own personal use and enjoyment in the amount of $3,597.76. Specifically, and including but not limited to, buying round trip plane tickets for herself and her brother to travel out of State on vacation and new tires for her car, in addition to purchasing material for her business."

    I've read "that lawyers are obligated to undertake some form of preliminary investigation into clients’ intended claims and contentions. And are ethically prohibited against the pursuit of frivolous claims and contentions and how the governing rule, along with others, obligates lawyers to undertake reasonable investigations before making a claim or contention on a client’s behalf." http://apps.americanbar.org/abastore..._chap1_abs.pdf

    My spouses attorney used a credit card statement from the credit card that was court ordered to be used by me for living expenses. It's obvious the credit card statement didn't show what was purchased, just totals spent. My spouse made up stories about what was purchased and his attorney ran with it to file another frivolous charge. (wasting marital assets BTW)

    Is this enough of a basis to file for sanctions against my spouses attorney for filing frivolous litigation and failing to make reasonable investigation into her client's statements?

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: How to Seek Sanctions for the Other Party's False Claims During a Divorce Case

    If you do not yet have a divorce lawyer, it's well past time for you to retain counsel. Your lawyer can advise you about the merits of any motion you want to bring and how the judge is likely to rule.

    Your lawyer can also seek temporary spousal support, which will eliminate the need for you to be making charges on a joint credit card, and help you prove your claims about your spouse's income and the size of the marital estate.

  3. #3
    Join Date
    May 2016
    Posts
    10

    Default Re: How to Seek Sanctions for the Other Party's False Claims During a Divorce Case

    I have an attorney and have from the beginning of this a year ago. He is very busy with 50 other clients and prefers I wait for him to contact me when there is something I need to know or something new happens. I learned that the hard way. That's another story that I am hesitant to go into here. He's advised me to accept the credit card offer in lieu of regular maintenance and "likes it". He knows about the income but it doesn't mean anything at this point of the divorce. He knows about the thousands and thousands of $ spent on alcohol but doesn't feel filing an intent to claim dissipation is necessary. In small towns and rural areas everyone knows everyone, including attorneys

    I would like someone's opinion on whether or not there's a case for sanctions for frivolous filings and failure of reasonable investigation of fact. I'd like to do something to curtail the harassment....this is just one of several

  4. #4
    Join Date
    May 2016
    Posts
    10

    Default Re: How to Seek Sanctions for the Other Party's False Claims During a Divorce Case

    Anyone?

    I'd also like to ask about my husband writing me a check from his corporation, without my knowledge, to use as a tax deduction, then forging my name to the check and keeping the money.

    The check was for payment for jointly owned land rent. I never saw the check or the $.

    I found out that he had been doing it for at least 7 years after receiving the corporate tax returns by discovery. However this year after I filed for divorce, he wrote the same check for the same deduction to himself.

    Can I sue for my portion of the payment? Can I do anything about the years of forged checks?

    I appreciate your response

  5. #5
    Join Date
    Jun 2010
    Posts
    671

    Default Re: How to Seek Sanctions for the Other Party's False Claims During a Divorce Case

    Time to look for a new lawyer, tbh.

    As for the credit card? I suspect it will be a toss-up if you can't provide receipts.

  6. #6
    Join Date
    May 2016
    Posts
    10

    Default Re: How to Seek Sanctions for the Other Party's False Claims During a Divorce Case

    I have receipts from the credit card that was court ordered I use for living expenses as well as for my business credit card. My husband and his attorney have nothing but random accusations to base their frivolous litigation on. But his attorney keeps filing and charging for doing so which causes my attorney to charge me to answer her.

    I can't find anything in my research that speaks to the convoluted act of my husband secretly writing me a corporate check for cash rent then forging my name on the check and keeping the funds. Can I sue for the amount of money of the checks or do something about the forgery?

    As for getting a new attorney....it would push back what progress has been made for the last year and a half of the divorce and cost a huge amount more money that I don't have

  7. #7
    Join Date
    Mar 2016
    Posts
    2,289

    Default Re: How to Seek Sanctions for the Other Party's False Claims During a Divorce Case

    Quote Quoting bjmac
    View Post
    Anyone?

    I'd also like to ask about my husband writing me a check from his corporation, without my knowledge, to use as a tax deduction, then forging my name to the check and keeping the money.

    The check was for payment for jointly owned land rent. I never saw the check or the $.

    I found out that he had been doing it for at least 7 years after receiving the corporate tax returns by discovery. However this year after I filed for divorce, he wrote the same check for the same deduction to himself.

    Can I sue for my portion of the payment? Can I do anything about the years of forged checks?

    I appreciate your response
    Yeah I agree you need a new lawyer.

  8. #8
    Join Date
    May 2016
    Posts
    10

    Default Re: How to Seek Sanctions for the Other Party's False Claims During a Divorce Case

    I guess that's what I was afraid of

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