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RBinJax, Lawyer
Category: Family Law
Satisfied Customers: 731
Experience:  I have handled family law cases in Florida for over 20 years.
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I think there is a conflict of interest. How can I

Customer Question

I    think there   is a conflict of interest.   How can I find this out?
Submitted: 7 years ago.
Category: Family Law
Expert:  RBinJax replied 7 years ago.
What are the facts of the situation that you believe give rise to a possible conflict of interest?
Customer: replied 7 years ago.
I and my wife filed bankruptcy, that had to be taken care of before we could continue with our divorce. Her attorney is representing a buisness we filed bankruptcy with. and also representing my wife.
We also had an option to buy the house we were living in, that my Mother currently owns. He drew my Mother into the divorce, she paid our loan off which threw the option to buy out.
I was ordered to pay temporary child support, when I didn't have a job.{ I was fired from my job because of this divorce, my wife is also employed where I worked. My wife earned 18,000 more last year than I. No visitaion for me to see my kids was arranged at all.
Expert:  RBinJax replied 7 years ago.

Did/do you have an attorney in the divorce? Did you and your wife have an attorney in the bankruptcy, and if so, was it anyone involved in the divorce case?

While there may be a conflict of interest for her attorney, it seems to me that the party to complain may be the business if the attorney allowed his representation of your wife to color his decisions in the claim the business had agaisnt you or in the bankruptcy.

Your mother should have had an attorney to protect her in the bankruptcy and not allow her to be drawn into it. Perhaps you and she can work out something about the house now that the divorce has gone through.

The biggest problem seems to be with the attorney who represents you in the divorce. If primary residential placement and support are being established, then visitation should have been also. In any event, if nothing has been set in stone, ask for the standard visitation schedule to be followed.

Unfortunately, if you are not the primary residential parent, you are going to be expected to pay support. If your wife had a part in getting you fired from your job, you may be able to use that to reduce support until you can find new employment. That you wife makes more will mean that you will have to pay less under most statutory formulas.

If you do not have an attorney representing you in the divorce, you need to get one.

I hope this answers your questions. Please click Accept so that I may be credited for my assistance. If you have further follow up questions please advise. Thank you and good luck.

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