I am the plaintiff in a divorce action which the financials were concluded in Sept. 2007. I have not received an order as of yet to review and it is the month of July 2008. I have sole custody of my daughter who is 15 years of age, lastly, I have terminated legal representation due to financial difficulty.

Problem: I found numerous perjurous evidence from the defendant such as her phony medical claim to Depression/ Multiple Sclerosis that she submitted in an sworn affidavit, and the although the Judge agreed with my statement and I mentioned in my statement that she perjured herself and cited the laws about perjury the Judge did not penalize her for it.

The Defendant submitted in a sworn affidavit phony promissory note which the defendant created and place a current date to money that she supposedly owed her landlord dated back for over one year, and that the landlord never signed, nor was the promissory note notarized. Although he Judge agreed with my statement and I mentioned in my statement that she perjured herself and cited the laws about perjury the Judge did not penalize her for it.

The Defendant did not pay any child support for over two years, and the Judge did not force her to pay anything.

The Judge stated that the defendant submitted an incomplete net worth statement (which is perjury), found that the defendant can be self-supporting in the future.

In essence: The judge concluded that I have to pay spousal support to the defendant for the next five years in the amount of $1,500 per month, and give half of my 401K to defendant. Lastly I have to pay for legal fees totaling $3,000.00.

How can I speed up the process in obtaining the order which is long overdue, objecting to the order and appealing my case.

Well first it is not going to be all that easy, First a judge does not have to fine a person for perjury, they may just throw out that evidence if proved wrong. Often in statements one side or both lie in a divorce precedings. So there is often less punishment as long as the truth does come out.

And have you reviewed the transcript for the hearing, remember you can not appeal just because you did not like the verdict, you have to have a legal reason, some fault or something in the case to allow an appeal.
You need to hire an attorney back, esp if the other side has one.

Also has separate child custody and child support paper work been filed along with the divorce precedings.

Well first it is not going to be all that easy, First a judge does not have to fine a person for perjury, they may just throw out that evidence if proved wrong. Often in statements one side or both lie in a divorce precedings. so there is often less punishment as long as the truth does come out.

And have you reviewed the transcript for the hearing, remember you can not appeal just because you did not like the verdict, you have to have a legal reason, some fault or some thing in the case to allow an appeal.
You need to hire an attorney back, esp if the other side has one.

Also has seperate child custody and child support paper work been filed along with the divorce precedings.


Right, I would this is impossible without legal counsel.

And I also have seen downright perjury in matrimonial court and the Judges sum it up to "emotions running high." Unfair but it sometimes boils down to who lies the best.

And people post on here that they lied and got caught - and nothing happens to them so it's from both sides.

Right, I would this is impossible without legal counsel.

And I also have seen downright perjury in matrimonial court and the Judges sum it up to "emotions running high." Unfair but it sometimes boils down to who lies the best.

And people post on here that they lied and got caught - and nothing happens to them so it's from both sides.

There are laws in NY State that suppose to protect people. Why can't I apply the laws especially CPLR which is used in appeals? If cases of perjury are good enough for celebrities/politicians then it should be good enough for the common average liar such as my soon to be x wife.

The financial case should have been thrown out based upon the Incomplete Net Worth Statement and the defendant's evidence of perjury.

Well first it is not going to be all that easy, First a judge does not have to fine a person for perjury, they may just throw out that evidence if proved wrong. Often in statements one side or both lie in a divorce precedings. so there is often less punishment as long as the truth does come out.

And have you reviewed the transcript for the hearing, remember you can not appeal just because you did not like the verdict, you have to have a legal reason, some fault or some thing in the case to allow an appeal.
You need to hire an attorney back, esp if the other side has one.

Also has seperate child custody and child support paper work been filed along with the divorce precedings.

The case for financials should have been thrown out based upon the defendant's incomplete net worth statement and multiple evidence of perjury. My daughter was living with my sister-in-law during my divorce proceedings until February 2007. I have sole custody of my daughter and the defendant waived visitation. I submitted evidence to the Judge that I have sole custody and requested child support in April 2007 and the Judge disregarded my request altogether.

The worst part of it is that I cannot proceed with child support because I did not receive the long overdue order as of yet from the defendant's attorney. Until the order is settled there is nothing that I can do.

Crabman writes: " I have terminated legal representation due to financial difficulty." I would have financial difficulty paying that lawyer, too. Just curious: does your wife have an attorney? Write to the judge, copy your wife (or her attorney) and request a status conference to resolve outstanding issues. This may be called a pre-trial conference, but if you are in NY, they probably have a big name for it.

crabman writes: " I have terminated legal representation due to financial difficulty." I would have financial difficulty paying that lawyer, too. Just curious: does your wife have an attorney? Write to the judge, copy your wife (or her attorney) and request a status conference to resolve outstanding issues. This may be called a pre-trial conference, but if you are in NY, they probably have a big name for it.

My soon to be X Wife has an attorney. This case was held in Queens, NY and I will have to ask someone from the Supreme Court about "Status Conference" request. I just hope that something can be done because it is outrageous that my daughter did not receive a cent for child support from the defendant, and that the Judge didn't even address the issue in financials. Another reason why I terminated legal representation is because I had a lousy attorney who didn't place any effort on my divorce case. My best friend and I did most of the work and supplied all the info to this horrible laywer and the lawyer did not properly present my case.

I believe that what you really need to do is just forget this whole mess for awhile and focus on what it is you really want. Write a list. Start fresh. If child support is top of the list then pursue that avenue. Focus on one thing at a time. Stop trying to play liar liar pants on fire. Get over it and focus on what your needs really are and your child.

If you have any order decision etc concerning child custody even if its by transcript then take that to the child support agency near you and start there. Let them take it from her. Get back to focusing on your kid because it sounds like your angry at the system and that's going to get you nowhere.

[QUOTE=Comments on this post: crabman1500cc disagrees: Sheer Ignorance[/QUOTE]




Can't give Califdad a greenie in response to this - crabman1500cc should read the rules for posting. His anger is misplaced and he is insulting.

I can see why the Court decision went the way it did - I doubt the above (as well as the other post yesterday) are one-time displays of anger. And that does NOT play well in Court.

Your tone is totally unnecessary and your anger is misdirected -

You asked for advice, you got advice. Sorry you didn't like it but, again, you are out of line. Your anger is misdirected - no one on this Board chose your Attorney. You did and apparently rode out the case with him/her. Direct your anger in that direction.

And if you're going to do whatever it takes - so stop the grandstanding and passionate speeches and do what's been advised.

What is your legal grounds for appealing the ruling? As FrChuck said, "I don't like it, it's not fair" is not legal grounds in NYS - and I'm in NYS.

I am not a lawyer and I need advice not ridicule. My daughter is the victim of this legal mess.

Can't give Califdad a greenie in response to this - crabman1500cc should read the rules for posting. His anger is misplaced and he is insulting.

I can see why the Court decision went the way it did - I doubt the above (as well as the other post yesterday) are one-time displays of anger. And that does NOT play well in Court.

I am seeking legal advice not ridicule. My daughter is the victim of this legal mess.

I am not a lawyer and I need advice not ridicule. My daughter is the victim of this legal mess.


So what are your legal grounds for appeal - ?

So what are your legal grounds for appeal - ?

I need legal advice about overturning this case in appeals. I will be the first one to admit that I am IGNORANT when it comes to the law especially DIVORCE, that is why I chose this forum to ask for professional opinions.

Ok, First, if you are ignorant of the law, then how can you rate someone else's comments as "sheer Ignorance"? While I don't agree with Califdad's recommendations, they were a potential way of dealing with the issues.

Second, no one is ridiculing you. It was the other way around. It does set off alarms here when you denigrate viable advice offered.

Without seeing the transcripts, its hard to advise what your grounds of appeal might be. But if, as you indicate, the judge ignored falsified testimony and legal requirements, then that should be grounds for overturning the award.

I do agree with the others that perjury in such an instance is unlikely to be punished under the law, but that doesn't mean that falsified testimony should carry any weight.

Ok, First, if you are ignorant of the law, then how can you rate someone else's comments as "sheer Ignorance"? While I don't agree with Califdad's recommendations, they were a potential way of dealing with the issues.

Second, no one is ridiculing you. As a matter of fact it was the other way around. It does set off alarms here when you denigrate viable advice offered.

Without seeing the transcripts, its hard to advise what your grounds of appeal might be. But if, as you indicate, the judge ignored falsified testimony and legal requirements, then that should be grounds for overturning the award.

I do agree with the others that perjury in such an instance is unlikely to be punished under the law, but that doesn't mean that falsified testimony should carry any weight.

I thank you for your professional opinion.

I am the plaintiff in a divorce action which the financials were concluded in Sept. 2007. I have not received an order as of yet to review and it is the month of July 2008. I have sole custody of my daughter who is 15 years of age....
...
The Defendant did not pay any child support for over two years, and the Judge did not force her to pay anything.
...
How can I speed up the process in obtaining the order which is long overdue, objecting to the order and appealing my case.
Just curious: how did you receive sole custody of your daughter? Did mother agree to this from the outset? Does the mother get visitation? When was your divorce filed? When was the hearing on temporary custody and child support? Have you called (or written) the judge to find out what is next in the case? Has the mother been gainfully employed? When did you marry?

I need legal advice about overturning this case in appeals. I will be the first one to admit that I am IGNORANT when it comes to the law especially DIVORCE, that is why I chose this forum to ask for professional opinions.


It is virtually IMPOSSIBLE to overturn a Supreme Court ruling - and that's where NYS divorces are heard - without an Attorney. You may not even be allowed to file without an Attorney. The appeal will come to the facts - not corrupt Judges, not the legal system stinks, but facts -

You can attempt to overturn the original decision IF the "true" info would have led to a different decision. If the "true" info is not important to the case and the decision you cannot overturn the original decision based on those grounds.

For example, using your ex-wife - she says she doesn't/can't/hasn't worked because she has MS; she provides a false affidavit. The Judge decides she hasn't worked in X years and so he doesn't force her to find employment. The MS letter has nothing to do with his decision - his decision is based on her past employment history.

Again - IMPOSSIBLE without an Attorney.

Just curious: how did you receive sole custody of your daughter? Did mother agree to this from the outset? Does the mother get visitation? When was your divorce filed? When was the hearing on temporary custody and child support? Have you called (or written) the judge to find out what is next in the case? Has the mother been gainfully employed? When did you marry?

Are you an attorney?

Are you an attorney?


Attorneys who post on these boards are not going to give you binding legal advice based only on your side of the story without benefit of files and transcripts.

This is most definitely not a free legal clinic. Unfortunately.

...

Problem: I found numerous perjurous evidence from the defendant such as her phony medical claim to Depression/ Multiple Sclerosis that she submitted in an sworn affidavit, and the although the Judge agreed with my statement and I mentioned in my statement that she perjured herself and cited the laws about perjury the Judge did not penalize her for it.

The Defendant submitted in a sworn affidavit phony promissory note which the defendant created and place a current date to money that she supposedly owed her landlord dated back for over one year, and that the landlord never signed, nor was the promissory note notarized. Although he Judge agreed with my statement and I mentioned in my statement that she perjured herself and cited the laws about perjury the Judge did not penalize her for it.
...

The Judge stated that the defendant submitted an incomplete net worth statement (which is perjury), found that the defendant can be self-supporting in the future.
...


You have mentioned perjury in several places within the context of a contested domestic relations case. How many cases like this have you been associated with in some fashion or another? How many such cases has the judge been associated with? You should understand that you are emotionally involved and invested in your case, as you should be. However, that is not a healthy way to present a case in court. As Honest Abe said, 'a lawyer that represents himself has a fool for a client.' I'm not saying some of her facts aren't truthful; how would I know? But judges listen to contested claims all the time, searching for the truth within the procedural rules of the court and the rules of evidence. Parties can misrepresent facts and impressions without the misrepresentation becoming "material". "Material Fact - A material fact is a fact which, if known, would have affected the judgment of one or more of the parties to a transaction... A material fact cannot be an opinion, belief, prediction, or speculation, and typically must relate to something in the past or present that can be proved or disproved." Here's a humorous news accout: "So what category of litigants features the most perjurors? According to John Henry Hingson III, the former president of the National Association of Criminal Defense Lawyers, it's not criminal defendants. 'The grand-slam, home-run winner is in domestic relations court. People in divorce cases act crazy.'" Law Blog - WSJ.com : The Elusive Perjury Charge (Yeah, Yeah, That's the Ticket!) (http://blogs.wsj.com/law/2007/09/13/the-elusive-perjury-charge-yeah-yeah-thats-the-ticket/)
Effective counsel will show the judge that a party or witness is coloring his/her testimony without getting to perjury; that is usually enough for the other side to prevail.

It is virtually IMPOSSIBLE to overturn a Supreme Court ruling - and that's where NYS divorces are heard - without an Attorney. You may not even be allowed to file without an Attorney. The appeal will come to the facts - not corrupt Judges, not the legal system stinks, but facts -

You can attempt to overturn the original decision IF the "true" info would have led to a different decision. If the "true" info is not important to the case and the decision you cannot overturn the original decision based on those grounds.

For example, using your ex-wife - she says she doesn't/can't/hasn't worked because she has MS; she provides a false affidavit. The Judge decides she hasn't worked in X years and so he doesn't force her to find employment. The MS letter has nothing to do with his decision - his decision is based on her past employment history.

Again - IMPOSSIBLE without an Attorney.

Ok, now I am beginning to understand the "FACTS" and I thank you very much for educating me about the law. I greatly appreciate your opinion.

I believe my next step is trying to find a good attorney without breaking the bank and that will be attentive to my case.

Ok, now I am beginning to understand the "FACTS" and I thank you very much for educating me about the law. I greatly appreciate your opinion.

I believe my next step is trying to find a good attorney without breaking the bank and that will be attentive to my case.


You've got it! And there's no sin in looking around for an Attorney, sort of interviewing and seeing if you can work together. Happens all the time. This is obviously a life changing event for you and you have to find an Attorney you trust, like, can work with, someone (as you said) attentive with an attentive staff. Everyone may have a similar fee schedule and you only know that by asking. Also, I expect to call my Attorney and have someone with enough smarts to write down the message on the other end of the phone.

Check back and let us know how you make out -

You have mentioned perjury in several places within the context of a contested domestic relations case. How many cases like this have you been associated with in some fashion or another? How many such cases has the judge been associated with? You should understand that you are emotionally involved and invested in your case, as you should be. However, that is not a healthy way to present a case in court. As Honest Abe said, 'a lawyer that represents himself has a fool for a client.' I'm not saying some of her facts aren't truthful; how would I know? But judges listen to contested claims all the time, searching for the truth within the procedural rules of the court and the rules of evidence. Parties can misrepresent facts and impressions without the misrepresentation becoming "material". "Material Fact - A material fact is a fact which, if known, would have affected the judgment of one or more of the parties to a transaction... A material fact cannot be an opinion, belief, prediction, or speculation, and typically must relate to something in the past or present that can be proved or disproved." Here's a humorous news accout: "So what category of litigants features the most perjurors? According to John Henry Hingson III, the former president of the National Association of Criminal Defense Lawyers, it’s not criminal defendants. 'The grand-slam, home-run winner is in domestic relations court. People in divorce cases act crazy.'" Law Blog - WSJ.com : The Elusive Perjury Charge (Yeah, Yeah, That's the Ticket!) (http://blogs.wsj.com/law/2007/09/13/the-elusive-perjury-charge-yeah-yeah-thats-the-ticket/)
Effective counsel will show the judge that a party or witness is coloring his/her testimony without getting to perjury; that is usually enough for the other side to prevail.

I guess I will have to start from scratch in finding a good laywer without breaking the bank that will be attentive to my case.

You've got it! And there's no sin in looking around for an Attorney, sort of interviewing and seeing if you can work together. Happens all the time. This is obviously a life changing event for you and you have to find an Attorney you trust, like, can work with, someone (as you said) attentive with an attentive staff. Everyone may have a similar fee schedule and you only know that by asking. Also, I expect to call my Attorney and have someone with enough smarts to write down the message on the other end of the phone.

Check back and let us know how you make out -

I will and once again thank you.

I guess I will have to start from scratch in finding a good laywer without breaking the bank that will be attentive to my case.
Why not return to the courtroom you were in; take a day off and go with your notebook and observe the judge and lawyers. Make certain you go on a day when the calendar is for contested temporary hearings in divorce cases. When you see a lawyer that impresses, just ask for a card. He/she may have time to speak with you in the hallway. Good luck.

Why not return to the courtroom you were in; take a day off and go with your notebook and observe the judge and lawyers. Make certain you go on a day when the calendar is for contested temporary hearings in divorce cases. When you see a lawyer that impresses, just ask for a card. He/she may have time to speak with you in the hallway. Good luck.

That is an excellent idea. Thanks for the advice. :)

Ok, you can't seem to understand, law is not fair, it is legal, it has nothing, not a single thing to do with right and wrong, get that silly idea out of your head.

It is only what you can prove in court. An the judge is the "god" in the court room. And he has the right to decide what evidence he will accept and what he will not. He is suppose to follow set guidelines but in family court there is a lot more open to accept or not accept various evidence.

And this is how it works, they submit evidence and if you can prove it incorrect it will not be used. If they do not provide the evidence you want, you have to file a motion in court to have it redid, if not it will be accepted, it is not the judge that will just throw it out, it has to be either just into proper or the other side has to object.

Also you can't appeal just because you don't like what the judge decides. There has to be specific grounds to appeal basied on NY law of appeals.

So you don't like the truth sorry, without an attorney, going against someone with an attorney, esp in family court you have almost no chance at all of winning without an attorney, that is just it, they will know what motions to file to tie it up and they will know what to serve that you won't answer properly.

As for as child support, there should be a min about that you can get no matter what. So how and why you are not getting support, was there specific orders of support requested? Again it is not automatically given you have to file specific motions to get the child support, and it is not automatically part of a divorce procedure.

And so you don't want to pay 1500 a month alimony, sorry if the judge rules it, and you don't have a reason to appeal, you will pay, sorry getting mad about it does not help, in fact that is what the other side wants you to do, since when you get mad you stop thinking and normally do more to help their side.

Why not return to the courtroom you were in; take a day off and go with your notebook and observe the judge and lawyers. Make certain you go on a day when the calendar is for contested temporary hearings in divorce cases. When you see a lawyer that impresses, just ask for a card. He/she may have time to speak with you in the hallway. Good luck.


In my area divorce hearings are very often closed -

You can also save some time by getting a copy of the local Law Journal - sometimes the calendar is on line. See which Attorneys appear the most frequently; are they Plaintiff or Defendant Attorneys?

I am concerned if you have no experience with the law that you will not be able to tell a good or impressive Attorney from a bad Attorney - the Attorney may appear brilliant but simply be throwing up smoke screens with nothing to back them up. You won't know who won or lost (so to speak) until the Order is finalized so you won't have a good/bad basis.

I would go with the number of cases and the number of times the Attorney has appeared.

Ok, you can't seem to understand, law is not fair, it is legal, it has nothing, not a single thing to do with right and wrong, get that silly idea outof your head.

It is only what you can prove in court. An the judge is the "god" in the court room. And he has the right to decide what evidence he will accept and what he will not. He is suppose to follow set guidelines but in family court there is alot more open to accept or not accept various evidence.

And this is how it works, they submit evidence and if you can prove it incorrect it will not be used. If they do not provide the evidence you want, you have to file a motion in court to have it redid, if not it will be accepted, it is not the judge that will just throw it out, it has to be either just inot proper or the other side has to object.

Also you can't appeal just because you don't like what the judge decides. There has to be specific grounds to appeal basied on NY law of appeals.

So you don't like the truth sorry, without an attorney, going against someone with an attorney, esp in family court you have almost no chance at all of winning without an attorney, that is just it, they will know what motions to file to tie it up and they will know what to serve that you won't answer properly.

As for as child support, there should be a min about that you can get no matter what. So how and why you are not getting support, was there specific orders of support requested ?? Again it is not automaticly given you have to file specific motions to get the child support, and it is not automaticly part of a divorce procedure.

And so you don't want to pay 1500 a month alimony, sorry if the judge rules it, and you don't have a reason to appeal, you will pay, sorry getting mad about it does not help, in fact that is what the other side wants you to do, since when you get mad you stop thinking and normally do more to help thier side.

My mistake was that I found a horrible attorney that didn't go to "BAT" for me and my daughter. I hope to find a good attorney that will be attentive to my case for appeals.

In my area divorce hearings are very often closed -

You can also save some time by getting a copy of the local Law Journal - sometimes the calendar is on line. See which Attorneys appear the most frequently; are they Plaintiff or Defendant Attorneys?

I am concerned if you have no experience with the law that you will not be able to tell a good or impressive Attorney from a bad Attorney - the Attorney may appear brilliant but simply be throwing up smoke screens with nothing to back them up. You won't know who won or lost (so to speak) until the Order is finalized so you won't have a good/bad basis.

I would go with the number of cases and the number of times the Attorney has appeared.

My former attorney equals your quote: "may appear brilliant but simply be throwing up smoke screens with nothing to back them up"

I guess I have a lot of homework to do.

My former attorney equals your quote: "may appear brilliant but simply be throwing up smoke screens with nothing to back them up"

I guess I have alot of homework to do.




Well, maybe in the middle of this awful situation for you this will make you smile - and I SWEAR it's the truth.

Know one of the ways I judge Attorneys? By their shoes. Successful Attorneys may wear cheap clothes (or not) - but they always wear expensive shoes.

:D

Well, maybe in the middle of this awful situation for you this will make you smile - and I SWEAR it's the truth.

Know one of the ways I judge Attorneys? By their shoes. Successful Attorneys may wear cheap clothes (or not) - but they always wear expensive shoes.

:D

That was cute. GOOD ONE :)

Don't be afraid to ask when your choosing a lawyer about how fees work. Some lawyers charge for every little thing where others may not. Gets tough to absorb a charge for licking a stamp so there is no harm in asking. Billing policies can vary as much as the lawyers and law itself.

Good Luck

Dont be affraid to ask when your choosing a lawyer about how fees work. Some lawyers charge for every little thing where others may not. Gets tough to absorb a charge for licking a stamp so there is no harm in asking. Billing policies can vary as much as the lawyers and law itself.

Good Luck

Thanks.

[QUOTE=crabman1500cc;1135921]I am the plaintiff in a divorce action which the financials were disposed of through a memo by the judge in Sept. 2007. I have not received a divorce decree or financial order as of yet to review and it is the month of November 2008. I have sole custody of my daughter who is 15 years of age, lastly, I have terminated legal representation in May 2008 due to financial difficulty.

I have contacted my former attorney through emails from Feb - May 2008 asking if he received any legal documents from the opposing attorney and/or firm, and my former attorney told me he received nothing as of yet. I just emailed him today being November 2, 2008 asking whether he received any legal documents such as a Divorce Decree or Financial Order from the opposing attorney and/or firm, and I await the reply.

I've contacted the county clerks office every month to verify whether any new events occurred on my case, and I was told there was nothing entered.

Just last week I was served a notice to appear in court on Nov. 18, 2008 from my x wife (not by her attorney) regarding past due alimony and the judge that was assigned to my divorce case signed the notice.

I thought I was suppose to receive a DIVORCE DECREE from the opposing attorney for my review and signature, etc...

I need advice.

I'll take a stab at this one, even though I haven't reviewed all of the (rather lengthy) responses:

First, check the local court rules. Typically if one side is directed to prepare an order or judgment and doesn't do it within a given time frame (like 10 days) the other side can just prepare it and directly submit it to the court for the judge's signature and filing (some counties may require it be sent with a time limit to opposing counsel for approval first). So you may have to prepare the judgment yourself- or at least you can. Second, if there was perjury at trial this is a criminal matter and should be referred to the local DA's office if you want to pursue it (it's probably a waste of time, however). Finally, appeals have to be filed within a limited time (often 60 days) so you're probably too late for anything like that and, in any event, appeals are not appropriate simply because you didn't like the judge's decision on matters that are within judicial discretion. You don't get to appeal simply because you want a new trial.

Oh, and one final thing: if you have a CS order and haven't been receiving support, turn the case over to the local child support services department in your county. They will enforce the order and collect support for you free of charge.

Did you keep documentation of your contacts with your attorney and the court?

Take them into the hearing and ask the judge how you can be in arrears on alimony when you have received no notice that you were supposed to pay anything. If your ex and her attorney are trying to pull a fast one by entering a decree without notice, they will get caught.

Did you keep documentation of your contacts with your attorney and the court?

Take them into the hearing and ask the judge how you can be in arrears on alimony when you have received no notice that you were supposed to pay anything. If your ex and her attorney are trying to pull a fast one by entering a decree without notice, they will get caught.

I have all the emails from my former attorney.

In May 2008 my former attorney prepared and signed (with my signature included) three notarized consent to terminate legal representation forms.

One was for myself, one I mailed out to the opposing attorney back in May 2008, and one that my former attorney told me that he will go to the court house to present the form to officially withdraw as council.

I'll take a stab at this one, even though I haven't reviewed all of the (rather lengthy) responses:

First, check the local court rules. Typically if one side is directed to prepare an order or judgment and doesn't do it within a given time frame (like 10 days) the other side can just prepare it and directly submit it to the court for the judge's signature and filing (some counties may require it be sent with a time limit to opposing counsel for approval first). So you may have to prepare the judgment yourself- or at least you can. Second, if there was perjury at trial this is a criminal matter and should be referred to the local DA's office if you want to pursue it (it's probably a waste of time, however). Finally, appeals have to be filed within a limited time (often 60 days) so you're probably too late for anything like that and, in any event, appeals are not appropriate simply because you didn't like the judge's decision on matters that are within judicial discretion. You don't get to appeal simply because you want a new trial.

I was told by the county clerks office that in order for me to start an appeals case that I must have a divorce decree prepared by the opposing attorney for my review, and then the Judge reviews and signs it and it is entered and the divorce is finalized.

My former attorney prepared with his signature (as well as my signature) three notarized consent to terminate legal representation forms.

One for myself, one to the opposing attorney, and lastly one that my former attorney took to the court house to officially withdraw as council.

I contacted the county clerks office every month to verify if their were any new developments to my case and I was told no.

Oh, and one final thing: if you have a CS order and haven't been receiving support, turn the case over to the local child support services department in your county. They will enforce the order and collect support for you free of charge.

In the memo dated back in Sept. 2007 nothing was mentioned about child support at all. Although I requested it in the financials the Judge ignored it. My lousy former attorney did not officially petition child support. I requested child support in my answer for financials and it was decided in a memo from the Judge.

I would have to take it to Family Court, but once again I need a divorce decree to pursue the child support or I was told to take this issue up on Appeals if I want to. The advice was from the family court employees.

There still has to be some procedure by which a judgment can be prepared if the one who is suppose to prepare it doesn't do so. This shouldn't be a big deal so check it out.

There still has to be some procedure by which a judgment can be prepared if the one who is suppose to prepare it doesn't do so. This shouldn't be a big deal so check it out.

I will go to the court house this week for answers. I received a reply from my former attorney about whether he received any legal documents from the opposing attorney and his answer is no.

I believe that there was something done by the opposing attorney "BEHIND MY BACK" and passed along through the court system without my knowledge.

Either way it will be dealt with this week.

Keep us posted

keep us posted

I will post any new events this week.

Here are new events:

I looked into the memorandum dated Sept. 17, 2007 and as I mentioned previously the defendant prevailed on financials. The defendant was awarded "Retroactive Alimony" in the memorandum along with half of my 401 K, lastly to pay off a portion of defendant's legal fees. At the end of the last page of the memo it states "SETTLE ORDER".

I never received anything from the opposing attorney / defendant or the courts after that memo.

I checked my case online on the Unified Court System and found this:

Motion 003 10/24/2008 DEF Temp Maintenance Open:

Motion 002 07/23/2007 DEF Temp Maintenance Decided: 17-SEP-07 Decision: MEMO
SETTLE ORDER/JUDG ORDER SIGNED DATE IS BLANK

Motion 001 08/22/2006 DEF Other Motion (See Comment) Decided: 26-SEP-06
SEE DECISION: Short Form Order ORDER SIGNED DATE: 09/26/2006

On the MEMO itself it does not state Judgment at all just SETTLE ORDER.

What does this mean??

In essence: The judge concluded that I have to pay spousal support to the defendant for the next five years in the amount of $1,500 per month, and give half of my 401K to defendant. Lastly I have to pay for legal fees totaling $3,000.00.


What actions have been taken on the above orders ?

1) are you paying the spousal support at this time?
2)Did you pay out 1/2 of your 401k already ?
3) Have you paid on the legal fees due per the judgement ?

You may be stuck with the current order and have to start anew. You could file for child support. You also can file a motion to set aside judgements if they haven't been dispursed yet. It really depends on what has happened to figure out what you need to do.

In essence: The judge concluded that I have to pay spousal support to the defendant for the next five years in the amount of $1,500 per month, and give half of my 401K to defendant. Lastly I have to pay for legal fees totaling $3,000.00.


What actions have been taken on the above orders ?

1) are you paying the spousal support at this time?
2)Did you pay out 1/2 of your 401k already ?
3) Have you paid on the legal fees due per the judgement ?

You may be stuck with the current order and have to start anew. You could file for child support. You also can file a motion to set aside judgements if they havent been dispursed yet. It really depends on what has happened to figure out what you need to do.

I spoke to a rep. from the office of "Self Representation" and I was told that I had to await the Final Judgment of Dissolution which in essence is the final order of the court that legally ends the marriage. The final judgment contains legally binding orders about other issues: spousal support, property division, and how property division is to be carried out, etc... One party (her attorney) is often required to prepare the final order.

***IT DOESN'T PAY FOR ME TO PREPARE THE FINAL JUDGMENT OF DISSOLUTION BECAUSE I DID NOT PREVAIL ON THIS CASE, AND DEFENDANT IS REPRESENTED BY COUNCIL AND I NO LONGER HAVE COUNCIL***

I never paid out the retroactive support, 401 k or legal fees because I was waiting for the Final Judgment of Dissolution and I wanted to appeal the decision based upon that memo.

I spoke to a rep. from the office of "Self Representation" and I was told that I had to await the Final Judgment of Dissolution which in essence is the final order of the court that legally ends the marriage. The final judgment contains legally binding orders about other issues: spousal support, property division, and how property division is to be carried out, etc... One party (her attorney) is often required to prepare the final order.

***IT DOESN'T PAY FOR ME TO PREPARE THE FINAL JUDGMENT OF DISSOLUTION BECAUSE I DID NOT PREVAIL ON THIS CASE, AND DEFENDANT IS REPRESENTED BY COUNCIL AND I NO LONGER HAVE COUNCIL***

I never paid out the retroactive support, 401 k or legal fees because I was waiting for the Final Judgment of Dissolution and I wanted to appeal the decision based upon that memo.

Aside from the obvious which is obtaining new council (which I cannot afford right now) is there anyone that knows the laws in NY Matrimonial Actions that can guide me in the right direction to fixing this legal mess.

Aside from the obvious which is obtaining new council (which I cannot afford right now) is there anyone that knows the laws in NY Matrimonial Actions that can guide me in the right direction to fixing this legal mess.

***NEW INFORMATION***

I visited the Supreme Court House yesterday and found out from the County Clerk's office and the Matrimonial Dept. that nothing was entered at all about a FINAL ORDER or JUDGMENT in my divorce case. I was told by the Matrimonial Dept. that I will have to show up next week and discuss my situation as to not receiving for over one year the FINAL ORDER or JUDGMENT documents from the Defendant / Attorney.

I hope by then I will be able to once and for all have an opportunity to appeal the decision and more importantly end this marriage.

***FOR ANYONE THAT IS INTERESTED***

Today being Nov. 18th I finally faced the same Judge that handled my case and I did see my soon to be x wife. I stated that I did not receive the Judgment from defendant's counsel and that I was served with a notice to appear by the defendant and not by her counsel.

The Judge asked the defendant as to why didn't I receive the Judgment of Divorce and the defendant claims that since her counsel wasn't to happy with the amount of $$$ that she was suppose to receive from me, and the fact that the defendant failed to pay out $$$ owed to counsel that counsel wasn't touching her case and didn't want anything to do with it at all.

If counsel doesn't want anything to do with a client's case doesn't that mean that counsel has the legal obligation in terminating legal representation by correspondence to the client, lastly withdrawing with official forms to the Supreme Court?

The Judge concluded that the defendant will have the responsibility of forwarding the Judgment of Divorce from her counsel within 60 days to my attention so that I can review, sign and lastly appeal the decision.

Check this out: I stated that I was waiting for the Judgment of Divorce so that I can appeal my case including child support for my daughter which I have sole custody, and the Judge totally forgot about the fact that I had sole custody of my daughter and said that I have grounds to appeal my case. Can you believe the same Judge who is telling me that I have the right to appeal my case is the same Judge that didn't want to address my child support claim in that memo (which in fact he did address it but did not force the defendant to pay anything for child support), and did not forward that issue to Family Court.

The defendant had the nerve to ask if she can appeal the financials. "IF YOU WERE THE DEFENDANT THAT WON THE CASE IN FINANCIALS WOULD YOU APPEAL THE CASE?"

Anyway I believe I have more than enough evidence back up my claims that the Judge misapplied several NYS Laws in my matrimonial action and I hope that my case will be overturned.