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dkennedy
dkennedy, Lawyer (JD)
Category: Legal
Satisfied Customers: 5998
Experience:  Juris Doctorate Degree
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I WOULD LIKE TO KNOW IF I HAVE A DECENT CHANCE IN (ORANGE ...

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I WOULD LIKE TO KNOW IF I HAVE A DECENT CHANCE IN (ORANGE COUNTY - CALIFORNIA) TO HAVE MY ALIMONY ''ADJUSTED'' DUE TO OUTRAGEOUS MEDICAL HEALTH INSURANCE AND ABOVE AND BEYOND MEDICAL INS. BILLS BUT CATAGORIZED AS MEDICAL BILLS, NON-THE-LESS. AS IN O.C.CA. RULING EX-SPOUSAL SUPPORT NOT ENOUGH TO COVER HEALTH INS. AND BILLS. BESIDES EVEN COMING CLOSE TO ANY TYPE OF HUMANE LIFE ''STYLE''???
Submitted: 6 years ago.
Category: Legal
Expert:  dkennedy replied 6 years ago.

HelloCustomer

You are a good chance to Modify your alimony, by showing a substantial change in circumstances. Those circumstances would be the increasing health costs and unexpected and unavoidable expenses.

Keep good records and get all your documents together. If necessary, have your health care providers write letters and/or affidavits to show the costs of your health care. When you are prepared, get a lawyer (or do it yourself) and file a Motion to Modify the Decree. I really think it would be difficult to do all this yourself, but the more you can prepare yourself, the less you have to pay the lawyer to get things ready for your case.

I wish you the best of luck.

dkennedy, Lawyer (JD)
Category: Legal
Satisfied Customers: 5998
Experience: Juris Doctorate Degree
dkennedy and 4 other Legal Specialists are ready to help you
Customer: replied 6 years ago.
THE BEST OF LUCK WOULD BE TO TELL ME HOW TO RETAIN A LAWYER (HIS ARE REALLY GOOD) WITHOUT A $5,000. RETAINER.. SO MUCH INJUSTICE ALL BECAUSE OF THE LACK OF WHAT I SHOULD HAVE GOTTEN BEFORE ON FIRST JUDGEMENT.
18,000. A YEAR     END OF 24 YEAR MARAIGE 2003
I NOW PAY
11,000. A YEAR FOR BASIC HEALTH INS. PLUS MY 80 YEAR OLD PARENTS PAY FOR EVERYTHING ELSE. HAVEN'T SEEN MY DAUGHTER IN 6 YEARS. DUE TO LACK OF ANY HELP ON OTHER SIDE...

I WAS SICK WHEN WE DATED - I WAS SICK WHEN WE WERE MARRIED AND ODDLY I DID NOT GET BETTER.
I HAD TO GIVE UP CUSTODY (TO SOMEONE WHO HARMED OUR DUAGHTER) DUE TO MY ILL HEALTH.
SO WHAT'S IS THE MOST INEXPENSIVE WAY TO DO THIS-
I'M SUCKING THE LIFE BLOOD OUT OF MY FAMILY...WHO PUT THE EX THROUGH COLLEGE.. NICE TOUCH.
Expert:  dkennedy replied 6 years ago.

HelloCustomer

I don't want to "rub salt in the wounds" but it doesn't sound like you got a fair deal in your divorce. Whether it was your representation, or just a judge who wouldn't listen, it certainly was not fair. I am providing a link to Legal Aid in Orange County. They could help with a lot of services for you, including representing you in court for more alimony. There are many other things available, not the least of which is information.

Legal Aid Society of Orange County, CA & Community Legal Services

I would only suggest, to find an inexpensive lawyer, to make lots of calls. Try different avenues, such as Law Schools which may have legal clinics that could help.

Or, maybe your family could help you one last time by hiring a lawyer---specialist in family law, to get what you should have had at first. And Yes, you certainly should be able to get him to pay for your lawyer, since you have such low income and he is forcing you to go back to court.

Again, I really do wish you the best. Sorry I can only provide this information--wish I could do more.

dkennedy, Lawyer (JD)
Category: Legal
Satisfied Customers: 5998
Experience: Juris Doctorate Degree
dkennedy and 4 other Legal Specialists are ready to help you
Customer: replied 6 years ago.
Relist: I still need help.
There is so much more that I would like to say and if it isn't obvious I am not in any position to make any decisions 'on my own' living solely off my parents... 80's they think differently. the Courts have let us down terribly and they (my family) doesn't trust anyone 'out there' ha
anymore.... The first go round cost my parents %50,000.+ I am also concerned with the criminal aspect that is in a sealed envelope pertaining to an up coming Adoption by Steven Schock and new wife Ruth He was arrested and plead guilty to child abuse!!! paid fines. took courses.. Got Full Custody (so he could get off charges) Is there any list he's on for the state or adoption agency to Look FOR??? If I say anything. I am in danger, my daughter is in danger.... He truly believes his own lies. Sociopath? He's good. Really Good. Mr. Gary Goercyca (sp) his attorney always said I cannot tell when that guy is lying..but I'm getting paid. Scheffner was on the take. my lawyer Batchelor said he wouldn't turn him in (for being friends before court battle) because he (Batchelor)might need him on his side sometime down the road..?????????????

So why you say why don't I go to family services and etc. We are dealing with a very high profile family here and I've already been shot at once. thank-you. I've never even gone to ca to see my daughter..6 years now. The divorce papers said he was an absentee husband and father... It was also deemed by the 'late judge brown' rip that my health situation was to be re-evaluated in a year ????   Still don't have the money and my er
lawyer doesn't call back since I've been banished to Florida where I live and live off of my 80 year old parents. Who put him through college here.... nice touch.
Expert:  dkennedy replied 6 years ago.

Hello again,

You fell victim to (among other things) the "old boy" system of lawyers--which doesn't necessarily mean all men. Playing golf together, kids going to camp together, etc. And need to make big bucks off each client to keep up their lifestyle. One of the reasons I recommended Legal Aid is because, in my experience, the lawyers that work there, can stand up to anyone in experience and skills. But, they get paid a salary, and don't have to take your money. Also, they do family law as a main part of their work. They have all the experience you need. The lawyers work there because they want to, not because they can't get anything else. If their opponent is "high profile" or fresh out of law school, it makes no difference to them. They also have resources that private attorneys may not have, without the clients paying a fortune--such as private investigators and "friends in high places." Many times private attorneys will take a case from Legal Aid for free, also, just to "give back" to the community. Please be clear, I was not telling you to call them as a last resort. I've seen them take on the best in many different jurisdictions.

I am so sorry for these years you have spent since the divorce. I only pray things get better for you.

dkennedy, Lawyer (JD)
Category: Legal
Satisfied Customers: 5998
Experience: Juris Doctorate Degree
dkennedy and 4 other Legal Specialists are ready to help you
Customer: replied 6 years ago.
DEAR DK   THANK YOU FOR ALL OF MY BRAIN PICKING.
IF YOU WANT THIS CASE IT'S YOURS!!! I KNOW YOU PROBABLY FOR SOME INANE REASON CAN'T ACCEPT CLIENTS THIS WAY. UGH...

YES 'WE' INCLUDING MY DAUGHTER AND FAMILY HAVE BEEN SO TRAUMATIZED BY THIS EVENT. IT'S JUST NOT OVER FOR ME. I MAKE IT NOT OVER FOR THEM - BESIDES THE MONEY.

I'M BEING TREATED FOR P.T.S.D. OH YEAH- DEPRESSED FOR THE LAST FIVE YEARS... I CANNOT AFFORD THERAPY IT'S NOT INCLUDED IN MY $1,000. A MONTH INS. BUT WE WOULD BE ONE HOSPITAL VISIT AWAY FROM BANKCRUPTSY WITH OUT IT. BETWEEN THE LEGAL AND THE MEDICAL AND INSURANCE INDUSTRIES I'M SURPRISED MORE PEOPLE ARE NOT MURDERED... ALTHOUGH DEPRESSION IS ANGER TURNED INWARDS..SO I WILL PROBABLY END UP DOING MYSELF IN. TO PUT MYSELF AND ALL OTHERS OUT OF THEIR PAIN. DRS. WILL NOT PUT ANYTHING IN WRITING.... NOT EVEN FOR ME TO GET DISABILITY.THIS HAS BEEN A WHOLE DIFFERENT CHAPTER.. THEY JUST WILL NOT DO IT. I HAVE TO GET AN ATTORNEY TO DO THAT!!!

I'M WORRIED ABOUT MY DAUGHTER CATHERINE - SO FAR SO GOOD. HE GOT HER BECAUSE HE NEEDED TO GET OFF THAT CHARGE. ALSO I THOUGHT IN SOME STRAGE WAY GOD WAS ALLOWING HIM TO GET TO KNOW HIS DAUGHTER. IT HAS. HE ADDED A NEW BRIDE ABOUT 3 DAYS AFTER THE DIVORCE WAS SETTLED. IT WAS SO LONG NEITHER HE NOR I KNOW WHEN IT WAS. I JUST GOT A NOTICE IN THE MAIL.. IT AFFECTED ME MOSTLY BECAUSE THAT'S WHEN INSURANCE CHANGED TO COBRA AND YADDA YADDA YADDA. I DO HAVE SOME SERIOUS HEALTH ISSUES THAT CANNOT BE CURED. CAN ONLY BE MAINTAINED. I AM TREATED THROUGH MOFFITT CANCER CENTER... IF I GET DISABILITY IT WOULD NOT COVER ME GOING THERE. IT'S SCARY OUT HERE. WE ARE ALL SCARED MY PARENTS 'EVERYONE' INCLUDING A LOW LIFE
BROTHER OF MINE WHO IS A 'TOP NOTCH 'GOOD 'OL BOY' ATTORNEY HERE. HOW MUCH WORSE COULD IT GET?
HE'S TOLD MY PARENTS NOT TO GO BACK TO COURT AGAINST STEVE. WE'D GET WIPED OFF THE MAP AGAIN.
NO ONE IS SURE ABOUT THE DISABILITY THING. BY THE WAY DRS.ACTUALLY BACK UP WHEN THE WORD IS MENTIONED - DO THEY GET PENALIZED FOR PUTTING SOMEONONE ON DISABILITY? ONE DR. ACTUALLY INJECTS CORTISOL INTO MY SPINAL CORD. I'M OUT FOR MAYBE THREE MINUTES FOR THIS PROCEDURE. IT HELPS WITH PAIN FROM ANKYLOSING SPONYLOSIS WHICH I GOT BY HAVING CHRONES DISEASE.... REAL WORDS.
WHEN I ASKED THE PAIN DR. TO WRITE DOWN WHAT I HAD. HE TYPED UP A VERY LEGAL LOOKING TYPE PAPER AND WROTE 'PATIENT HAS PAIN IN NECK' OFTEN WONDERED IF HE MEANT SOMETHING ELSE. HA....

I SERIOUSLY CAN'T KEEP TAKING FROM MY PARENTS - THIS WHOLE THING HAS RIPPED ARE FAMILY APRART AND AS I MENTIONED MY FOLKS BOUGHT THIS HOUSE AND WE LIVED IN THIS ROOM. SO THEY COULD PUT HIM THROUGH ENGINEERING SCHOOL. HIS PARENTS DIS-OWNED HIM FOR A SHORT PERIOD BECAUSE HE LEFT THE FAMILY BUSINESS.

WELL IT'S BEEN REALLY NICE HEARING THE THINGS I KNOW ARE TRUE. BUT WILL NEVER HAPPEN. OH HOW I WISH I COULD JUST GET HIM TO HAVE TO PAY FOR MY INSURANCE AND GET A RAISE.... HE HAS TO PAY ALIMONY FOR LIFE.

I DO TRULY WISH YOU COULD TAKE THIS TO COURT. MY ONLY OTHER REALLY BAD MEMORY WAS AFTER JUDEGE BROWN DIED. ANOTHER JUDGE ACTUALLY ORDERED ME OUT OF A HOSPITAL BED WITH PAROTENITIS AND MADE ME COME OUT TO CA. (I CERTAINLY COULDN'T AFFORD THAT TRIP) HE SAID HE DIDN'T CARE IF I WAS IN A BODY BAG! - HE WANTED ME IN HIS COURT ROOM!!!
WE WENT. WE SAT. ALL DAY. AT 4 pm WE WENT INTO THE COURT-ROOM AND THEY (LAWYERS AND JUDGE) SPENT 1/2 HOUR ARGUING OVER WHAT THE LATE JUDGE BROWN 'MEANT' WHEN HE WROTE A CERTAIN PARAGRAPH.
THAT WAS IT. THAT'S WHEN I GOT MY ALIMONY SET.
END OF STORY.
AGAIN THANK YOU. WISH YOU COULD TAKE THIS CASE I REALY DO. I'M JUST SADLY, SURE THEY WOULD WANT ME OUT THERE. I CANNOT PHYSICALLY DO THAT. IT'S JUST NOT POSSIBLE.
AGAIN THANK YOU - REGARDS XXXXX XXXXX HEIDEN-SCHOCK
                          SARASOTA, FL
                          (941)379-0559
Expert:  dkennedy replied 6 years ago.

Hello again,

I cannot understand how such a travesty of justice could happen. But I know it does. I wish I was licensed in California, but alas, I am not. There are many good lawyers out there, but the difficulty is finding them.

Doctors, by the way, never want to put down "disabled" or "cannot work" or anything definite. They are afraid of 1) getting "pinned down" under some sort of cross-examination in the court room; and/or 2) No malpractice liability. If you don't say anything, you can't say anything wrong!

Please contact Legal Aid in Orange County, if only to get a referral to a few compassionate and courageous attorneys. You deserve so much better than you got. Unfortunately, in this forum, all I can do in to answer your questions.

I certainly wish you success in getting the alimony raised! I know you can do it.

dkennedy, Lawyer (JD)
Category: Legal
Satisfied Customers: 5998
Experience: Juris Doctorate Degree
dkennedy and 4 other Legal Specialists are ready to help you

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