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Familylaw Guru
Familylaw Guru, Attorney at Law, JD
Category: Family Law
Satisfied Customers: 1349
Experience:  Experienced in divorce, child custody, child support, paternity issues, and parental rights.
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Man tells wife he wants a divorce and is evicted from the ...

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Man tells wife he wants a divorce and is evicted from the home. Wife has personal computer searched. Discovers large collection of pornography, inc. children. Blows whistle on him, hires attorney, calls his office and tells them everything. Employer searches man''s office computer and finds similar collection. Employer terminates man (after over twenty years). Man meets with wife and her attorney who say they will forego criminal prosecution if he signs agreemnt for 10 yrs of high spousal support. Criminal authorities agree to Pre-Trial Intervention plan. He is on 2 yrs probation; then threat of prosecution expires and he can file for expungement. Spousal supp, based on previous income is $5500/mo. for 2 yrs; $4500 2 yrs; $3500 2 yrs; $2500 2 years and $2000 for 2 years. Man finds emp. in retail sales at 1/3 prev. income. He is immediately in arrears and is garnished at 65% of his net pay. In poverty, he cannot pay for atty, but gross says he is not indigent. Needs to file for reduction

First, the fact that this attorney told you they would forego criminal prosecution if you signed an agreement, is reason to get the attorney disbarred as well as set aside anything you signed due to duress.

First, contact New Jersey state bar and file a complaint against the attorney. Next, file a Petition for divorce modification and explain what is going on and that your income has extremely been lowered. You can file this in the same court that originally issued your divorce decree. You can type this petition up yourself and file it with the court.

Regardless, file a complaint against this attorney as an attorney cannot ethically tell you to sign an agreement OR you will be prosecuted.

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Customer: replied 9 years ago.
Just to clafify it was HER attorney who suggested the arrangement to the man, not his atty. His atty advised him to "call her bluff" but he believed she would definitely prosecute him. Now, he is lucky to clear $200/week, and still cannot keep up those exorbitant support pmts, meaning he is constantly in arrears and terrified that he will be picked up on a bench warrant and put into work release. No legal aid or low income atty will talk to him because his gross pay appears comfortable. Must he then file all this paperwork himself? Where are guides for verbiage, etc.? He filed to have support lowered, and to be declared indigent; both were denied. Thank you for your time. Once I hear back from you, I will accept your report so you can be paid.

Regardless, an attorney cannot threaten prosecution to get someone to sign an agreement. So, he didn't sign the agreement that her attorney threatened to get signed?

If his gross income appears too high, then yes, he will have to file all the paperwork himself UNLESS he can talk to an attorney who will agree to help with the case by taking small payments.

Since he is filing pro se, a judge will not expect him to have verbage that an attorney would use. He simply needs to explain what is going on and that he can barely make ends meet with the amount of money you are having to pay out each month.

Another option for him would be to call a local law school. Some law schools have third years legal clinics that can help you out with paperwork. This might be an option for him since attorney fees can be expensive.



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