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Thanks for your reply Paul. Actually, I have been putting the funds in her 529 college account, so when I get summoned I will show where the funds have been going. I did already know about the Alabama law; that she can use it basically for whatever she needs, as long as my daughter is not being neglected. I am not so interested in my ex-wife, as I am confident her attorney is pocketing every dime I was sending. I asked my attorney to please send me copies of checks that his office wrote to her attorney directly. After a few request my attorney sent me the copies. He almost seemed relunctant to do so. I suggested to my attorney John that her attorney Bill is pocketing the child support payments and basically liening my ex-wife. After this conversation 3 months ago her attorney Bill stopped calling my attorney asking where the child support payments were. I told my attorney whatever arrangement he has with my ex-wife could either be illeagal, or preceivede as highly unethical by the Alabama Bar Commission. My attorney then mentioned to me I may be correct and this is why her attorney has not forced the issue. My ex-wife told my mother several weeks ago, that she is not getting any support since 8 months ago, but not due to me not sending the funds.
My last question is if this is the case, and as stated earlier, the last several checks were written to her attorney in his name; do I have a valid complaint with the Alabama Board of Ethics, or even a complaint with the Department of Justice?
Thank you for your response and for filling me in on the additional details.If her attorney is taking child support checks for his payments, this is illegal, as you suspect and also against the rules of professional conduct which prevent seizure of child support for attorney's fees.If your ex wife is willing to cooperate and testify she has not received checks sent to her attorney that were designated for child support, it is likely this attorney would be sanctioned, if not disbarred.
Thank you very much Paul! In closing this retorhic, just for your information. I live in New Jersey. My ex-wife, her attorney, Judge and my attorney are all Auburn Tigers. More specifically, I did not learn until half way through the case that my attorney and her attorney Bill, not only went to law school together, but Bill and my attorney John were business partners. I only knew this because I questioned my attorney when I saw the add for their firm. When I confronted my attorney about why they disolved their partnership, he told me that Her attorney John is an immoral oppertunistic and only cares about winning cases for the financial rewards. It appears her attorney has become very greedy, so much that he would allow an 8 year old little girl suffer and go without in order to fill his coffers. I thank you Paul and will be seraching for you here shortly.
Paul was timely, direct and professional. His replies were not canned answers. I experienced something with Paul, which unfortunately have not seen in the "Alabama good old boy network." My previous experiences with attorneys on my case was dishearting. For example, my first attorney in this case, which started in 2007 did not send out any interogatories (sp?), but I had to fill out 2 years of my demographics. Then, because the first case was bifurcated, I was given a continuance. A new hearing date was set, but at the last minute, we were informed my ex-attorney's wife had passed away, and requested a continuance. However, her attorney, Bill, then sent me an itemized invoice, because we requested a continuance. Not to be insensitive, but it was HIS wife that passed away, so why was I, as a client held responsible? I was forced to terminate our relationship.
It appears Paul is not affraid to outwardly admonish another attorney. Others (attorneys) in my past expereiences, will not openly criticize another attorney, or suggest a complaint is warranted.
Paul, you have my sincerest graditude. I am a 70% disabled veteran and have fought over the midde east, Africa, Bosnia, and other global hot spots, fighting to do my part in preserving our belovede country., the American way of life, and sustaining true demoracy. However, in stark contrast, fully comprehending the cold facts, that although we have a justice system, in my humble opinion, most of our courts, fail to maintain a consistant, equatiable and fair legal system. For example, there are an endless array of published "self help" books designed to assist you, in making a formal judicial inquiriy,; against a judge' who's legal reasoning skills have manifested into gross impartial ineffectiveness, and or incompetant in their legal reasoning.
Today and , 'more likely then not,' and even more alarming; it seems that judges, who have reached tenure; are prone to misuse their discreationay powers bestowed upon them, free from any judicial misconduct, because now, their law school classmates sit on the appellate court, and have the authority to determine on a case by case basis how much lattitude they are willing to extended to their subordinates; often hidding behind the vail, that the lower court judges, must not be afraid to make decisions, even if the decisions are unfair and unjust to the defendandt. The theory and practice of allowing judges to enter unfair and often unethical judgements, although it may save certain judges embarassment and humiliation, who in our American system; known for checks and balances, can advocate for our citizens, unimpedided by immediation, and ot threats of contempt?
"Judges are the weakest link in our legal system; yet they are the most protected."
I may have a physical astygitism, but I am far from myopic.
Again, Thanks, Paul.
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