[crabman1500cc]

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 Judgment for Divorce 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. The proper form for withdrawal which was notarized is on record through the minutes at the county clerks office and the matrimonial dept. in supreme court. The defendant's counsel has an original notarized termination of legal representation form which was mailed back in May, 2008.

I have contacted my former attorney through emails from Feb - Nov 2008 asking if he received any legal documents from the opposing attorney and/or firm, and my former attorney told me he did not received anything.

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 a couple of weeks ago 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.

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 case. "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.

[Justwantfair]

Does your wife wish to appeal on the basis of custody?

[crabman1500cc]

Does your wife wish to appeal on the basis of custody?

No.

She was told by a family court judge to go to counseling with my daughter which she failed to do.

She hasn't communicated with my daughter for over three years, and she waived visitation.

She hasn't contributed one cent since I had custody of my daughter, and when I raised that issue in my matrimonial action it was ignored.

She wants to appeal because she is aware that I will appeal the financial matter of my case which includes the following:

My 401 K
Her Five Year Maintenance
Her counsel fees
My request for Child Support