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    Shepard84's Avatar
    Shepard84 Posts: 2, Reputation: 0
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    #1

    Sep 13, 2010, 09:42 AM
    Can I go after my alcoholic/abusive mother for mental/emotional distress?
    I really just want to drown her in the paper work to get her off my case/dads case, and get some money so I can go back to school. My parents have been divorced since I was a junior in high school. My mother was mentally and physically abusive to me and my father; there are domestic abuse charges against her and she still continues to add stress to my day to day life even though I have cut her out of it. She nearly got everything in the divorce because in the state of FL its 50/50. My dad became a single parent and raised my sister and I alone. He pays all her bills and she's still coming after him for money. It has affected both my sister and I going to college and she has counts against him for more alimony. My dad now has no money due to the economy, and because of her AND she's still demanding money! She's getting away with it through our court systems, the judge will but my father in jail unless he continues to pay her. She just got a HUGE lump sum of money due to the forced sale of property, we got barely anything from it. How can a JUDGE court order my father to pay my mother when he has seen proof there is no money; they took my dads car, we are behind on our mortgage, and we need to rebuild our company! They told him to go get a job- at like Home-Depot. If my mother puts him in jail then she really won't get any money, but she doesn't get that!

    Meanwhile I haven't been able to finish school and because my father has assets ( we can't sell because of her) I can't receive any financial aid, Ive gotten a few scholarships for sports and for good grades but its not enough and my parents didn't do any prepaid. I just want to go back to school and get my life back together. She has affect us for all these years that's why my father left her and now years after divorce she is still affecting us. The stress and the emotional hardship is killing my father I know she's not going to be happy till he's ten-feet under. Meanwhile she's unemployed (always has been) never went to college and she sits locked up in her apartment on the BEACH all day drinking; calling me and my father harassing us with demands and lawyers. My dad really can't afford an attorney and neither can I, so what do we do? We are going to lose our house and our family company and while she doesn't want anything to go into foreclose she refuses to help my dad pay for any bills and refuses to help pay for my tuition. I can't believe this is my mother, the woman who gave birth to me, doing this to my father who loved and adored her before she turned into a monster. She ruined my teenage years with the abuse and jealously, she fought me on everything, an repeatedly abused me. I decided I wasn't going to let it affect me in a negative manner, that I would take the high road out but there is no hope we are drowning and its call because of her. I just don't know what else to do for my father, Im so scared for him. This just isn't fair that this woman could ruin our lives, hurt us, abuse us, and get away with it and get rewarded for it! She cheated us for the bottle and our court systems reward her. Please help me I don't know what else to do!
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
    Family Law Expert
     
    #2

    Sep 14, 2010, 08:04 AM
    Sorry! I cannot see haw you will be able to sue her.

    Generally there are four elements:
    1.You suffer severe emotional distress as a result of her conduct.
    2.She acted intentionally
    3.Her conduct was extreme and outrageous
    4.Her act is the cause of the distress
    Quote Originally Posted by Shepard84 View Post
    She nearly got everything in the divorce because in the state of FL its 50/50.
    Correct! Your mother has rights!!

    Quote Originally Posted by Shepard84 View Post
    He pays all her bills and she's still coming after him for money. It has affected both my sister and I going to college and she has counts against him for more alimony. My dad now has no money due to the economy, and because of her AND she's still demanding money!! she's getting away with it through our court systems, the judge will but my father in jail unless he continues to pay her.
    Yes-that's the way the American feminist dominated system works.
    Your dad IS OBLIGATED to pay her If your father does not pay her he will be jailed.

    Quote Originally Posted by Shepard84 View Post
    How can a JUDGE court order my father to pay my mother when he has seen proof there is no money; they took my dads car, we are behind on our mortgage,
    Easy! That's the law.


    And we wonder why no one takes Americans seriously...
    Shepard84's Avatar
    Shepard84 Posts: 2, Reputation: 0
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    #3

    Sep 15, 2010, 07:37 AM
    You are already telling me things I KNOW! She shouldn't have ANY rights is what Im saying, she destroyed our family and hasn't worked a day in her life
    She doesn't deserve anything, and now my father is losing everything, Im looking for LEGAL advice not SMART a$$ answers.
    There has to be something I can do, and if you can't give me any ideas Don't reply, you'll just be wasting both our time.
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #4

    Sep 15, 2010, 02:19 PM
    Quote Originally Posted by Shepard84 View Post
    You are already telling me things I KNOW! She shouldnt have ANY rights is what Im saying, she destroyed our family and hasn't worked a day in her life
    she doesn't deserve anything, and now my father is losing everything, Im looking for LEGAL advice not SMART a$$ answers.
    There has to be something I can do, and if you can't give me any ideas DONT reply, you'll just be wasting both our time.
    You want ideas? Here's one: get a job and pay for your college yourself.

    If Florida law says 50/50, then your mom got 50% - not "everything." "Everything" would be 100%. You go to college?

    You have nothing to sue her for. Your mother receives alimony because as the courts see it, she "sacrificed" a career to be a stay-at-home mom while your father earned the money. Now that they have split, she is legally entitled to half of what she "could have earned during the marriage."

    If your father is as poor as you make him out to be, have him apply for state assistance. Or file for bankruptcy.
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
    Family Law Expert
     
    #5

    Sep 15, 2010, 02:57 PM

    You want ideas?
    Here is another one:hire a lawyer and prove that in the State of Florida paying/receiving spousal support IS a cause for emotional distress .
    Good luck!;)
    I am so sorry that we as smart a$$es cannot see any legal grounds for an emotional distress case and we wasted your precious time.
    Shame on us!
    jlsayles's Avatar
    jlsayles Posts: 1, Reputation: 1
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    #6

    Jun 6, 2012, 03:26 PM
    I wish I knew the answer to this... but I don't. I understand how you feel though, my moms been ruining my life since I was born. Also if you and your sister are living with your father I don't understand why he has to pay her, it opposite in Tennessee... thts something you could also petition and try to change. I hope everything turns out well and you go to college. You desever it :)

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