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I have an upcoming Hearing - my ex is submitting documents

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to the Court (again) for...
I have an upcoming Hearing - my ex is submitting documents to the Court (again) for my adult kids' tuition/ fees she did NOT pay & for medical expenses for my adult kids (again) that she did not & will never need to pay... my adult kids are willing to file an affidavit that THEY paid their own tuition/ fees & that their medical expenses are paid out of insurance & from an auto accident claim = ALL their mother's claims are fraudulent - in addition, they also wish to attest (that witnessed the prep of these docs) that ALL of the legal pleadings & docs submitted by me ex's attorney were ACTUALLY authored & prepared by my ex's boyfriend - NOT the attorney, who represents that it his/his office's work, and that he is owed fees for all his work, my ex's boyfriend has also authored motions/ affidavits/ etc. allegedly on my adult kid's request BUT WITHOUT their approval & knowledge... WHAT DO I FILE WITH THE COURT ?
Submitted: 8 years ago.Category: Family Law
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9/1/2009
Family Lawyer: DHP, Family Law Attorney replied 8 years ago
DHP
DHP, Family Law Attorney
Category: Family Law
Satisfied Customers: 213
Experience: 30+ years of family law practice
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You need to at least consult with a local attorney and have him or her look over your current orders, since all your answers are dependent at least in part on what they say. It is not necessrily wrong for someone else to write up the papers, if they are accurate, but if there are deliberate untruths that the attorney is aware of or negligent in allowing in, there could be a valid ethical complaint against the lawyer. But again it all depends on the local scene and the existing orders.

I would suggest that you make an appointment with an experienced local family attorney to have all of your questions answered. Write the questions out in advance so you do not forget any of them. It should not be expensive to have this sort of legal consultation, but ask about the fee in advance to be sure.

Once your understand overall options, if you decide to hire an attorney to do it you could also call around to get different estimates of cost, including hopefully some who will do it for a flat fee. Then you can decide how best to proceed.

I realize that this answer is somewhat vague but I believe that yours is the sort of question that can best be answered by a local expert. Many legal questions are best answered by reference to the local rules and individual judges involved.

If I've helped, please click ACCEPT so I can get credit for my work. This is informational only and is NOT legal advice. There is no attorney-client relationship. Consult a lawyer in your jurisdiction for specific legal advice. You are welcome to email further questions.
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Customer reply replied 8 years ago
I have represented myself pro se for nearly three (3) years of intense litigation... we had a Trial last summer (of '08), because of various legal manuevers, we didn't get our Decree for 4 months, then there were more filings & ANOTHER 6 months later, the Trial Judge filed her final Findings of Fact & Conclusions of Law - stating (re: tuition/ expenses), “Wife sought an award that Husband provide a portion of the children’s college tuition and expenses but provided no evidence of said costs. The children were not attending school at the time…” NO AMOUNTS WERE ORDERED. The Trial Judge added, “The parties' adult children may apply for child support/ educational support at a later date, pursuant to H.R.S. 580-47.” With regards XXXXX XXXXX kids' medical expenses, “Wife sought reimbursement for a portion of the children’s medical bills … The evidence was incomprehensible… There was no clear indication of which bills were paid by what (insurance) statement or check and what the remaining balance due for each child was.” NO AMOUNTS WERE ORDERED. ALL of the amounts my ex requests are manufactured/ falsified - and my kids will testify
Family Lawyer: DHP, Family Law Attorney replied 8 years ago
If that is all the current orders say, and if indeed your kids will back you up that it is not their request (though you need to be careful about that so the judge does not feel you are catching them up in the debate to their detriment) then I would think you have little to worry about. You are not normally required to pay college or medical expenses unless you agree to it or it is ordered in the initial decree. The biggest danger is that the judge will be so disgusted by the fighting that she will take it out on you just because you are in the neighborhood. So be careful to spell out the facts clearly and without enrolling your kids to do any more than simply state the facts. Good luck
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Customer reply replied 8 years ago
BUT, the question is - what do I file with the Court - my son's affidavit ? a memo showing that the plaintiff is perpetrating a fraud upon the court - botXXXXX XXXXXne: for 2+ years my ex has been presenting LARGE numbers to the court that are actually false - she has filed numerous false affidavits, given false testimony, etc. - this is perjury, in fact she is now using her false numbers AND - despite the Trial Judge's FoFCoL - she has filed a Contempt Motion against me to try to force me to pay $$ which are falsified based upon orders that don't exist... AND she has an attorney who represents that this is HIS work - asks for attorney fees and my ex's boyfriend writes all these motions... so, my question is what do you recommend I file with the Court ? (thank you for your patience & for your help)
Family Lawyer: DHP, Family Law Attorney replied 8 years ago
Sorry, but I do not know how to be more specific in this sort of context. All that you suggest sounds appropriate, but again the critical thing is to establish the facts without looking mean spirited or vindictive, and without looking like you are involving you kids needlessly. If you do file an affidavit from your son, keep it very short and to the point. Proof of a history of bad acts on your ex's part would be great, but focus on the clear facts and not on conclusion or negative rhetoric. The key to win is clear factual proof with a minimum of anger or emotion. Think of yourself like Jack Webb, to emphazize "just the facts". (You may be too young to remember Dragnet.)
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Customer reply replied 8 years ago
Oh yes, I was a big fan of Dragnet (!)... OK, I'll work with a Memorandum, outlining the "long history of bad acts" - incl. a brief statement from my son stating "just the facts" - I have been silent/ too "nice" and they take advantage of it, knowingly filing false statements, affidavits, testimony - seems Courts are NOT willing to hold people accountable for perjury/ fraud... fyi, originally, they tried to extort over $500K from me, now they're down to trying to extort $50K from me - would you recommend filing a report with the DA, etc. ?
Family Lawyer: DHP, Family Law Attorney replied 8 years ago
You can try, but do not get your hopes up. They are likely to say it is just a "domestic matter."
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Experience: 30+ years of family law practice
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