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denise071193 · Jun 22, 2014, 11:46 AM

Mass-My ex wife is a lawyer,

smoothy · Jun 22, 2014, 11:59 AM

Lawyers do this sort of thing because it's their job... and the mechanisms exist to do it, and its perfectly legal. And it happens in many differnt things including workmans comp cases where someone was injured on the job, those get dragged out for years.

Rememebr there is always two sides to every suit and both are equally entitled to everything available to them that they can afford.

denise071193 · Jun 22, 2014, 12:08 PM

So

ScottGem · Jun 22, 2014, 12:15 PM

Ask your attorney about putting the disputed payments in escrow. This will probably require court approval but if granted, it means she stops getting the funds as long as she drags out the court proceedings. While you still have to pay out the money, at least she doesn't get it and you have the chance to get it back.

Also ask your attorney about reporting her to the state Bar association. If she is overstepping the bounds of ethical behavior, that may be another recourse.

smoothy · Jun 22, 2014, 12:18 PM

Yes they can... and they can do it over and over and over for several years.

No its not nice, yes its frustrating as all hell.

THere is nothing "Unethical" about it...

THeir lawyer is under no obligation to work in your favor... they have the ethical obligation to do everything they can for their own client. As I said... there is always two sides to every suit.

Believe what you want... but there is nothing illegal or unethical about it... the court accepts it because in every case they used a legal and valid reson when asking for the delay or extension.

Just because they ask for it doen't mean its granted automatically. A Judge someplace is accepting and allowing that delay to take place.

Just ask anyone who (for the sake of argument and because I used this example before) that have been fighting in court for years to collect workmans comp, who have been unable to work....and have NO income.....and they might be going through this 6, 7 years or more.....to get the treatment they need but can't afford.

Now compare this to a small adjustment in child support?

Frustrating as hell to one side...and maybe even infuriating...but its a perfectly legal and valid legal tactic. Their lawyer files the motion...present the reasons why in the motion, a judge either accepts or denies the request. ( yes they can and do get turned down) Just because they ask, its not automatic, nor is it ever done without giving a reason why.

denise071193 · Jun 22, 2014, 12:19 PM

Thank you Scott that does help. She has dragged it out so long now and I have to pay the old amount we are nearing 9K in overpayment plus attorney fees. I will speak with my attorney regarding escrowing the payments.

denise071193 · Jun 22, 2014, 12:23 PM

Smoothy

ScottGem · Jun 22, 2014, 12:30 PM

It sounds like she is acting as her own attorney, which is where the possibility of ethics may come into play. Most judges will just rubberstamp requests for delays as long as there is a plausible reason. But with proof of deliberate delays, an ethics case might be made. Again, this is a question that your lawyer can answer for you.

If I'm understanding you, your older daughter has reached age that support payments for her should have stopped. What does the original support order say about how long support payments should extend. How are payments collected? Through a garnishment? If you are paying directly, why not just stop? Why not make her sue for continuation and then you just prove the support order expired.

smoothy · Jun 22, 2014, 12:36 PM

Edit: I wish I had quoted your original post denise71193.....which you edited and removed most of the content in..

You aren't reading that in the proper context... In the legal world... words and phrases have very specific meanings... and they are not always what they might mean literally, and are rarely open to broad or loose interpretation by laymen (people NOT in the legal field)

Which means you don't get to decide what they mean.

They file the motion... and if the judge agrees it meets the legal requirements... then its granted. If the judge feels its not... then its rejected.

You are in effect trying to argue the Judge is unethical and doesn't know the law better than you do.

Good luck winning that argument.

With that said... Don't think I am unsympathetic... it simply is what it is.

Maybe you should have sprung for a better lawyer if they can't come up with a better argument to stop further delays then their laywer can make for them. Meaning what has your lawyer done to counter them?

If ScottGem is correct....and you are trying to do this on your own and haven't had a lawyer before now......you NEED to hire a lawyer now.

denise071193 · Jun 22, 2014, 12:45 PM

Yes she is acting as her own lawyer, Massachusetts will fine me if I stop paying, and judges don't like that, but I'm definitely going to ask my lawyer about escrow. I deleted my original question because of the responses from Shorty, she wrote in her email I am a lawyer and can drag this out for years, and then asked for waiver of termination in alimony. It's a simple modification, support goes as long as she is a full time student or turns 23, its in the divorce order. She is also claiming she is only making 20K / year to get the amount higher, we've already disproved that. She is highly narcissistic and has angered many judges through our divorce, even tried to markup the final divorce after the judge issued the final order, this is the real reason she wanted a change of venue because she has been reprimanded repeatedly. Thanks again Scott this really did help.

smoothy · Jun 22, 2014, 02:22 PM

Originally Posted by denise071193

Yes she is acting as her own lawyer, Massachusetts will fine me if I stop paying, and judges don't like that, but I'm definitely going to ask my lawyer about escrow. I deleted my original question because of the responses from Shorty, she wrote in her email I am a lawyer and can drag this out for years, and then asked for waiver of termination in alimony. It's a simple modification, support goes as long as she is a full time student or turns 23, its in the divorce order. She is also claiming she is only making 20K / year to get the amount higher, we've already disproved that. She is highly narcissistic and has angered many judges through our divorce, even tried to markup the final divorce after the judge issued the final order, this is the real reason she wanted a change of venue because she has been reprimanded repeatedly. Thanks again Scott this really did help.

So did you or your lawyer contest their motion to delay or continue? Or did you just leave their motions uncontested? THis isn't one sided and your side does have the ability to counter every tactic they make. Sometimes you win, sometimes they win...

And incidentally... its against the site rules to delete your posts... the edit function is there for you to make corrections... not delete them.

ScottGem · Jun 22, 2014, 02:22 PM

First, I must object to your editing the original post. When you post something here you open yourself up to any comments as long as they don't violate our rules. While I don't completely agree with smoothy's comments, they have validity.

I'm still curious about what the child support order says. My understanding is that, if the decree says its over, you stop paying. Only if payment is done through an agency do you have to get a court order to stop it. This is supported by this site: Ending a child support order - MassLegalHelp. I don't see how MA can fine you if the support order supports you stopping. Have you discussed this with your attorney? I'm surprised he didn't come up with the escrow idea or just advise you to stop paying. The only reason, I could understand that is if the court order is not clear.