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  1. #1
    Join Date
    Oct 2007
    Posts
    4

    Default Unresolved Issues After Divorce

    Good morning. I live in Rhode Island. I have a few unresolved issues in my divroce case that I have not been able to resolve despite the fact I had 2 Lawyers working for me. One for my benefit and one assigned by the court to protect my daughter, a GAL. My divorce dragged on for 4+ yrs. and it became final the begining of this year. Since final judgement, neither of these Lawyers have responded to my calls. I still owe them $$ but have not received a bill for a few months.

    Issue #1 The GAL stated I would recieve child support despite joint custody due to the fact my x make 4x the $$ I do. My x disputed this by requesting Mtg information, a subpeona. The Mtg product is a no income, verified asset adjustable rate loan (I'm self-employed). It's my understanding that they calculated my income for the loan through the asstes I recieved through the divorce. The application shows 4,000+ mnthly income which is dble my true income. My guess is it's a complicated situation and the Lawyers just don't know how to handle it, hence they have avoided the issue. The child support would come in handy since I live day to day on my income. Can you give me advice on how I resolve this on my own?

    Issue #2 When my x bought out my 1/2 of our real estate I recieved a portion of the funds (used to buy my home, payoff debt/Lawyer fees) A smaller portion was to be payed to me at a later date. The promissory note is due and I don't know how to collect on it. Can you tell me how?

    Issue #3 This issue is minor at this point but nevertheless it has haunted me for the past 4 years. When I first filed for divorce, my x falsely reported that I stole his truck. (He had documents taken from me and was hiding them in the truck) The truck was in his name only but we purchased it together. I was still living in the marital home. I merely brought my duaghter to school with it one morning. Two police officers arrive at the school as I was leaving, one police car in front of me and one behind me so I couldn't leave. They asked my name & address and questioned me about the documents. (I noticed the bag after dropping my daughter off and was looking through it as they arrived at the school) I asked if I did anything wrong and asked if I could go. The officer took the bag with the documents, asked for my phone and called my x telling him I was there and had the bag of doucments. Since they would not let me leave and did not have a reason to keep me there I grabbed my purse so I could start walking. At that point they took MY bag and searched it! They said they were looking for drugs and firearms and made me stand in front of the truck! I was in shock. I held out my arms and told them to either arrest me or let me go. Of course they couldn't detain me so I walked away and called a friend to pick me up. Meanwhile, another officer picked up my husband at the home and brought him to the truck location. (That's three police officers now!) I felt so humiliated, exploited that I asked my friend to bring me to the police station right away to make a compliant. Of course the captain claimed no wrong doing on the police dept. or my husband at the time. My Lawyer said to forget about it until we got through the divorce. I was treated like a criminal and feel a need to respond to this abuse. It happend 4 years ago but still causes me anxiety. Any advice?

  2. #2
    Join Date
    Jul 2006
    Posts
    5,437

    Default Re: Unresolved Issues

    When was the judgment in your lawsuit entered?

  3. #3
    Join Date
    Oct 2007
    Posts
    4

    Default Re: Unresolved Issues

    The final judgement entered 03/2007, however I have not received a copy of it but was informed that it was entered.

  4. #4
    Join Date
    Jul 2006
    Posts
    5,437

    Default Re: Unresolved Issues

    Quote Quoting LMT
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    The final judgement entered 03/2007, however I have not received a copy of it but was informed that it was entered.
    Then you need to go to the courthouse and get a complete copy of your file.

    I suspect the time to appeal has long since passed.

    However, if you feel you have a compelling case, you can always hire a lawyer and has for a modification.

  5. #5
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Unresolved Issues

    1. Your lawyer should be able to advise you on how to revisit the imputation of your income. Given that your income was apparently imputed at too high a value when you were represented, I would not expect that the court will suddenly revise that figure drastically downward should you try to represent yourself.

    2. Ask your ex to pay. If he doesn't, bring a motion before the court to compel payment.

    3. Odds are, even if the divorce didn't foreclose a lawsuit, the statute of limitations has run. A local personal injury attorney can assess your case for its viability and the application of the statute of limitations.

  6. #6
    Join Date
    Oct 2007
    Posts
    4

    Default Re: Unresolved Issues

    Quote Quoting Mr. Knowitall
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    1. Your lawyer should be able to advise you on how to revisit the imputation of your income. Given that your income was apparently imputed at too high a value when you were represented, I would not expect that the court will suddenly revise that figure drastically downward should you try to represent yourself.

    2. Ask your ex to pay. If he doesn't, bring a motion before the court to compel payment.

    3. Odds are, even if the divorce didn't foreclose a lawsuit, the statute of limitations has run. A local personal injury attorney can assess your case for its viability and the application of the statute of limitations.
    As far as the income goes...the Lawyers had my tax returns which stated my "true income" which was not too high a value compare to the x's income. How is this type of discrepency handled in the courts? Has there been any cases like mine that I could reseach?

    I sent my x an e-mail 2 days ago, but he has not responded. I'll wait about a week to file a motion...can I do this without a Lawyer?

    I didn't fully understand your answer on #3.

  7. #7
    Join Date
    Oct 2007
    Posts
    4

    Default Re: Unresolved Issues

    Quote Quoting seniorjudge
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    Then you need to go to the courthouse and get a complete copy of your file.

    I suspect the time to appeal has long since passed.

    However, if you feel you have a compelling case, you can always hire a lawyer and has for a modification.
    I have all documentation from the Lawyers that the court has, except for the divorce decree. The judgement was pending for a couple of years...anytime the lawyers added an ammendment we recieved a copy. Unless they have documents which I never saw and signed. I am aware of filing for a modification...it's hiring a lawyer that scares me. I really don't want to use the same lawyers and I can't afford a new one.

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