Hi, my friend is going through a divorce, His ex is the one that cheated on him and costed him thousands of dollars. He retained an attorney.. But the attorney has done nothing.(and I mean nothing) My friend has moved to another state an his father passed away recently. He wasn't able to make it to this last court hearing and now his ordered to pay his ex almost 500
dollars a month. What can he do?

Fr_Chuck

First often it appears that an attorney is not doing anything but often there is little to do, and the judge normally decides what is going to be paid and what divisions of property is, if they couple can not decide.

Of course, he should have been in concact with his attorney and asked for the court hearing to be moved if he was at a funeral of his father.
If he missed the court hearing only because he is now living somewhere else, the judge will not look good on that, since to him it shows a lack of concern over the case, just did not want to bother driving the distance to be there.

He can always appeal any decision made, make a new motion and so on.

(I will assume this is child support payments) in most states this is a fee based on the income not really something that is changed without good cause)

Will need alot more details to give any more opinions, but he needs to sit down and talk to his attorney, or hire a new attorney if he really feels he is not getting good legal advice

ravenmoon06

The payment is not child support, it is for Alimony, The reason he could go to the hearing waas because he couldn't afford it. He called the attorney to try to get a continunce. The attorney would not return any phone calls made by my friend. Plus he was also told that his attorney was on medical leave. And another attorney would be handling his case.He's never talk to this other attorney until 5 mins. before court on the phone. She cheated on him through out their whole marriage. He was a faithful husband. Plus she was arrested several times. now he's ordered to pay her alimony? He has proof she cheated..How is this right?

Fr_Chuck

First, and sorry for this, this is the legal system, right has little to do with anything there.

Next sorry the court does not look upon people missing court dates for any reason except emergancy, As for the attorney, if a "friend" was calling the attorney, all wrong, the attorney could not legally discuss the case, with someone that is not the client.

Also depending on the state ( fault) as to whose fault the divorce is, may not even be a major part of the trial. They will look at income earnings, if the wife left a job or occupation to marry and was supported at that life style and all sorts of things.

He needs to be where he can attend the court hearings, and file to have that last order over turned.

Basicly he needs to sit down with his attorney first, figure a game plan or decide to change attorneys.

File for a motion and perhaps several chages to the divorce, and then attend every hearing. I would say the bigest mistake in all of this was missing the hearing. The judge does not have to allow new date if one party is not present, they often do, but as you can see don't have to.

Remember divorce is not what is fair or right, but it is how you can "use" the legal system to win what you want.

fredg

Hi,
I agree with you other answer, not always fair, but legal.
You friend needs a lawyer, who will represent him in court, in that state of jurisdiction. He can also ask the lawyer to have the "original court of jurisdiction" to be moved to the new state he lives in, but that doesn't always take place; but worth a try.
I do wish him the best of luck.