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  1. #1
    Join Date
    Sep 2007
    Posts
    1

    Exclamation Unfair Divorce Judgment


    Note- her grounds for divorce was.... Husband left me with most of parenting responsabilities and paying the bills (writing the checks, not her income actualy paying the bills).
    She worked at the time she filled (since then has taken a great 40hr a week job) a 25 hour a week job but had her children in daycare from 7am-4 pm, hired a babysitter to pick kids up and take them home till 6pm when she got home. If husband was not at home babysitter stayed until he arrived at which point he could then make dinner and give baths. She would often "return to work" till 10pm. She asked for everything, all say in kids and him to pay everything uninsured and all co-pays, $3200 CS, alimony, and him to pay the mortgage for the stability of the children so they could stay there (of course in court the house isn't worth 250k because you have to take realtors comissions out), half his pension, SS (judge did say sorry I can't give you this because the marriage was to short)

    His grounds for divorce- Adultery, Her being an unfit parent. He asked for him being primary with her haveing 120 days but if forced would have settled for a 51/49 and allowing joint decisions in the children regardless of days. Yeah nice guy syndrome.
    He offered 800 per month CS (CS worksheet came out to 148 month at 50/50), her car and half of all assets.

    Married 7 years, minor children, all assets almost free and clear very little debt except for stuff she acrued (credit cards, bills she had never paid). She had disposed of most of his personal items during the divorce, the judge did say he could go one time to look and see if anything was left but if not, his loss.
    She admitted to affairs, using babysitters to watch the kids when she was home , she admitted to lying on all her court documents & depositions. She stated he had been a wonderful father to the kids, Neither have a criminal background.

    Decree:
    She got the house, his bank account, his personal injury money (was due to have surgery in 2 months), every item in this home, for the most part all his personal items and hers awarded to her, the car, he has to pay 100% of all unpaid medical (he carries their insurance at a cost of $550 per month), he was impuned at an income of $7,200.00 per month because several years before his accident he made that 1 time (his company was willing to send a rep to court and state why that one time he made so much and that it would not happen again as it was a one time deal), His current actual income is $3,100 per month, Had his time with his kids reduced to the minimum 80 day schedule (he was going for as close to 50/50 as he could get), He was given no legal rights to the children, she has final say on everything.

    They based her income off what she made months ago, not what she actualy makes, or an annual monetery gift she receives ($3400.00 per month total income). Impuned all assets in the wrong amounts regardless of documents showing their value... Alot more went wrong but I think you see how we were in total shock when the judge made the ruleing.
    But that wasn't the only shock we were in for..... during the trial we learned: His lawyer had represented her family on several occasions and knew them well, the judge was a very good friend of her family and was known to be at their home often. His lawyer mailed the subpoenas which means no one had to actualy respond to them. Luckily everyone who was there to support him showed, but the ones he needed there legally didn't show up. His lawyer didn't want his company rep there, his lawyer didn't ask for any of her financials and his lawyer didn't even argue the impuned wages and assests.........

    When he told his lawyer he wanted to appeal, he was told the appeal would go back before the same judge and the same judge would not overturn their own decision, that it was pointless to fight the decree as he was better off just accepting it and not wasteing money fighting it, That the decree could have been worse!!.....
    His biggest loss was not even the monetery items but in not having any legal say in the children, not being given 50/50 time with his children, once his bank account is handed over he has no funds with which to support his children on (food, houseing, ect).
    There must be some type of legal remedy to this!! How can a judge possibley rule this way? And why is a lawyer allowed to represent one person while being friends of the other party? This entire divorce was made out to be about money, not the best interest of the children! The new schedule is not what they are accustomed to! This entire situation reeks of conflict of interest and buy out. He can't even seek new legal advice due to the fact his attorney will not produce the decree and he can't get in touch with him to fire him!! Until the trial started he felt his lawyer was fighting for him but during the trial.... The lawyer sat back and watched this man's life turn upside down and did nothing to stop it.

  2. #2
    Join Date
    Apr 2007
    Posts
    541

    Default Re: Friends long, sad story...

    Did you have a question?

  3. #3
    Join Date
    Jul 2006
    Location
    Florida
    Posts
    2,773

    Default Re: Unfair Divorce Judgment

    If it can be proven that a mistake of law was made, either party can file an appeal within the allowed time limit.

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