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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 90075
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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If, during my divorce trial of which I was pro se, I told the

Resolved Question:

If, during my divorce trial of which I was pro se, I told the judge that I had a pending disability claim and earned $0.00. However, ex-husband testified/lied that I still earned 100k (which I hadn't since five years prior to trial). 1 year later the disability issued a ruling, fully favorable, 100% retroactive to prior to trial and Final Judgment. Same county (different courts) but absolute direct conflict in COURT ORDERs. Time-barred from appeal of judgment and tried to vacate the judgment. Question: Based upon 2 courts of competent jurisdiction whose Orders are in direct conflict - would this constitute a VOID judgment, a nullity despite waiver on appeal on same issue? (Appeal was pending but lawyer refused to raise issue and also time-barred from 2-year legal malpractice suit). Only remedy sought is non-waivable error that never is time-barred such as a VOID JUDGMENT. Thank you.
Submitted: 10 months ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If the divorce court issued their judgment before the disability judgment, their ruling is not really void or in conflict with the disability court judgment. If the divorce court denied you spousal support or there was some reduced child support based on the divorce court using your pre-disability judgment income, then your recourse in the divorce case is based on the significant change in financial circumstances to file a motion to modify support (but support is the only thing that could possibly be modified, since the disability ruling came after the divorce court judgment).

The court can change or modify any support awards to you based on the fact your financial situation has significantly changed based on your disability.



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Customer: replied 10 months ago.

Pleadings were stricken (trickery, unfounded) and appellate court issued PCA, without opinion. No awarded alimony. Homeless, while he swims in MY life savings to the tune of $3 mm.


 


Can I still seek "significant change in finances" - although it was 2 orders in "direct conflict" and there was NO "factual" change per my testimony at trial, unprovable until order on disability was retroactively rendered. the only "change" is that the Order validates ex-husband's perjury and MY factual testimony. So frustrated. Thank you.

Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your response.

You can try to seek an order of alimony based on the change in circumstances if that has not already been foreclosed by your appeals.

Yes, I do know you are frustrated and are looking for some way to get what you believe you deserve. You do need to get a local attorney to review the court order issued in the divorce and get them to determine ultimately whether you can meet the evidentiary requirement to show the change in circumstances to raise the award of alimony to you. This may be the only thing you have left to try and your local attorney should review the case files and orders to make sure it is available to you so they can get it filed.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 90075
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Law Educator, Esq. and 3 other Family Law Specialists are ready to help you

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