Family Law Questions? Ask a Family Lawyer Online.
HI, I just discovered something from the debtors exam. I have already been questioned for over an hour, and the discovery is being used on websites to defame me. They also got a judgment on april12 2012, for the stipulation on child support arrears and call it damages in the judgment. Can you get a judgment on child support arrears, call it damages in the judgment and put it in together with attorney fees related to another unrelated hearing?
Damages are then perhaps bankruptable?
Can you explain what you mean by: "Can you get a judgment on child support arrears, call it damages in the judgment and put it in together with attorney fees related to another unrelated hearing?"
Are you referring to a written document that does this?
If so, which document?
There was a stipulation that I had to pay 18,00 before a certain date. That didnt happen. They got a judgment, it says judgment on the form for 18,000 damages.
Opposing counsel is a collection attorney, he is doing a debtors exam on me for the debt. I applied for disablity, lost my business due to their levying my bank account in april 2012
The judgment is for damages and unrelated attorney fees, the attorney fees where for a bank loan debt.
Since I have now a judgment that says damages, I should be able to bankrupt it? In the judgment there is no reference to anything else, the first option damages is crossed
The attorney fees are unrelated to the arrears and were incurred from a bank loan. I am just saying I have a judgment against me that says 'damages'. How they got that is totally unclear to me. Its based on Fraud, since the arrears I have now calculated at a much lower amount with taking the DCSS amount as a starting point. They think its 42,000.
I again have the debtors exam on friday, I can only imagine one question left and that is my inventory that is almost depleted and worth nothing to them. But they set a 2 hour exam at my attorneys office. I already went through 1 1/2 hrs that I didnt care about, but as they said it will help them with contempting me. So I am not happy.
I have files to overturn the stip as discussed. I dont think there is much to argue over.
That will relieve me from 1/3 of the debt because of the 72%. My ex tried yesterday to negotiate a deal. But I cant afford a deal. My health is not improving and I dont see how to setup my business. My application at disability seems to progress very well, I am surprised. How will that help me?
I am again applying for reduction in child support and will later overturn the current order based on fraud from my ex. I hired a paralegal to subpoena her car purchase application and so forth. He is also writing my civil suit. What can I use as a change in circumstance? That I applied for disability?
I found a new form online, its called verification of disability. My doctor wants to perhaps sign it, he wants to have it faxed to him. Is that a good thing to do. Its the D248. Its for to calculation of appropriate child support.
It's not a new form, but it is local to the San Diego Superior Court as part of a claim of disability related to a child support obligation. The problem is that it's also inadmissible hearsay, if objected to by opposing counsel. So, if there is an objection, then you would have to hire your physician to appear and testify to your condition.
Also, if you sign the release, then you are opening the door to have any of your physician's notes subpoenaed. So, if you really want to get this done the right way, then you won't use the form, but you will have your physician appear and testify, instead. Hope this helps.
Step dad and aggressive attorney are absent, so my ex and I are trying to negotiate a child support settlement. The offer from me is 10,000 cash and 500 a month for 12 months starting jan 2015.
her offer is:
No current child support until Jan 2016, 10,000 cash and 500 for 24 months.
Now I learned from you that if it is illegal the stipulation will be overturned. It seems to me she doesnt have the power to set current child support to 0 until 2016, neither has a judge perhaps since who knows what money I and her will be making (or not).
I still have enormous tax problems and maybe can be told to leave the country after I give her the cash.
What can I expect from an offer in compromise through DCSS or the court?
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).