Ask Me Help Desk - Unfair Ruling

Quote:

Originally Posted by cadillac59

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.

Quote:

Originally Posted by cadillac59

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.

Quote:

Originally Posted by ScottGem

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.

Quote:

Originally Posted by califdadof3

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.

Quote:

Originally Posted by crabman1500cc

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.

Quote:

Originally Posted by crabman1500cc

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.