Ask Experts Questions for FREE Help !
Ask
    crabman1500cc's Avatar
    crabman1500cc Posts: 36, Reputation: 1
    Junior Member
     
    #41

    Nov 2, 2008, 03:29 PM
    Quote Originally Posted by cadillac59 View Post
    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.
    cadillac59's Avatar
    cadillac59 Posts: 1,326, Reputation: 94
    Ultra Member
     
    #42

    Nov 2, 2008, 04:48 PM

    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.
    crabman1500cc's Avatar
    crabman1500cc Posts: 36, Reputation: 1
    Junior Member
     
    #43

    Nov 2, 2008, 05:47 PM
    Quote Originally Posted by cadillac59 View Post
    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.
    ScottGem's Avatar
    ScottGem Posts: 64,970, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #44

    Nov 2, 2008, 06:35 PM

    Keep us posted
    crabman1500cc's Avatar
    crabman1500cc Posts: 36, Reputation: 1
    Junior Member
     
    #45

    Nov 2, 2008, 06:58 PM
    Quote Originally Posted by ScottGem View Post
    keep us posted
    I will post any new events this week.
    crabman1500cc's Avatar
    crabman1500cc Posts: 36, Reputation: 1
    Junior Member
     
    #46

    Nov 4, 2008, 06:00 PM
    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??
    cdad's Avatar
    cdad Posts: 12,687, Reputation: 1438
    Internet Research Expert
     
    #47

    Nov 4, 2008, 06:15 PM

    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.
    crabman1500cc's Avatar
    crabman1500cc Posts: 36, Reputation: 1
    Junior Member
     
    #48

    Nov 4, 2008, 06:31 PM
    Quote Originally Posted by califdadof3 View Post
    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.
    crabman1500cc's Avatar
    crabman1500cc Posts: 36, Reputation: 1
    Junior Member
     
    #49

    Nov 5, 2008, 05:15 AM
    Quote Originally Posted by crabman1500cc View Post
    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.
    crabman1500cc's Avatar
    crabman1500cc Posts: 36, Reputation: 1
    Junior Member
     
    #50

    Nov 13, 2008, 07:34 AM
    Quote Originally Posted by crabman1500cc View Post
    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.
    crabman1500cc's Avatar
    crabman1500cc Posts: 36, Reputation: 1
    Junior Member
     
    #51

    Nov 18, 2008, 01:06 PM

    ***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.

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Appeal of Small Claims Court Ruling [ 11 Answers ]

Before my daughter moved out of her apartment she gave the landlord 30 days written and oral notice. In the move she lost her copy of the notice. The landlord did a walk through and approved it, never mentioning that there was any problem, but he didn't return her security deposit or give her any...

New Supreme Court ruling [ 1 Answers ]

The Supreme Court has ruled that there can be no Nativity scene at the United States Capitol this year. This isn't for any religious reason, though. Simply put, they have not been able to find Three Wise Men and a Virgin in the Nation's capitol. However, there was no problem finding...

Default judgment ruling [ 3 Answers ]

I had a default judgment filed against me for a vehicle that I totaled about two years ago and was repossessed,the value of the vehicle was roughly 11 thousand dollars and some change, do I have to worry about the plaintiff trying to take my truck that my parents bought for me to go from school and...

I know it's unfair [ 2 Answers ]

So I am very insecure and sometimes I feel bad about how I overreact to things in my relationship. Sometimes I really wonder if I'm overreacting or not. I live with my boyfriend and I don't know why I really don't trust him, but does anybody out there know of some ways that he can help me gain his...

Is it unfair? [ 10 Answers ]

O.k. so when I found out I was pregnant I had the father of my child, who is 21 say he was going to put a shot gun to my head and kill me and the baby. Now I had called the cops when he had said this to me and he was arrested (not for the first time) and he only spent on night in jail , then his...


View more questions Search