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I would like some information on my situation. I was divorced

I would like some information...
I would like some information on my situation. I was divorced after a lifetime marriage of 30 years from my husband who makes in excess of 300,000.00 a year, also has substantial retirement funds, and so on. my attorney told me he wrote up a standard divorce contract, but he had put a nonmodifiable spousal support clause in which he did not point out to me. my ex-husband had faked an 85% loss in business income by cooking his books. that has been well-documented by a forensic accountant. the CPA my attorney had hired submitted a letter saying that he had reviewed all the financial records both personal and business and that Len indeed had a loss of 85% in income. Turned out the CPA never looked at any of the records but wrote the letter anyway. At any rate, i am presently disabled from a car accident one year ago. I live in Fargo ND. what are my options regarding revisiting the nonmodifiable clause, or do I have any options. when I confronted my divorce atty about it, he lied and said he told me about it. I said I would have been an idiot to sign off on that when I knew my ex was lying extensively. I have lost the only asset I received which was the family home. I lost it because I cannot work, and many medical bills, loss of income, and spending one year intensively in rehabilitation. what are your thoughts on this? I have been unable to come up with the funds to hire an atty, apparently need to go thru medical bankruptcy and so on. I am living way below poverty line because of this situation. I was a career homemaker to a large family, I gave up my successful career as a therapist to raise them and also to put my husband thru a doctorate, several specialty certifications, as establishing a sucessful career, travelled, and so on.
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Answered in 1 hour by:
6/1/2012
JerrySJD
JerrySJD, Attorney
Category: Family Law
Satisfied Customers: 821
Experience: Divorce, child custody, support, mediation, alimony
Verified

JerrySJD :

wil

JerrySJD :
JerrySJD :

The nonmodifiable clause is unusual and wrong. So that raises questions.

JerrySJD :

So what do you do? The first way is to file a petition to reopen based on the false financials. If you can prove the loss is a lie, then you have a chance. The petition to reopen is not a form, so you might need an attorney to help you. You can do it on your own, but you will have to draft a petition to reopen, show the financials are wrong and then change the agreement.


 

JerrySJD :

The other way is to file a motion to modify even though alimony is not modifiable. You will still get on the docket and they will carp about how you signed off, but you can say there is a substantial change in circumstances, that being there was a discovery of falsified financials and collusion with your attorney.


 

JerrySJD :

Sometimes if you you get in there in fight, things can happen. The motion to modify is a form that you can can get on line and file. You will certainly ruffle their feathers, because they lied to you and you were not properly advised. The lawyer never pointed out that clause and its importance.


 

JerrySJD :

The equities of the situation are on your side. That is why you have a chance to win.


 

JerrySJD :

It is a long shot type of case, but worth a shot. If you have hard evidence of falsified financials, then reopening the case is the way to go. If someone could help you with the petition to reopen, it would be good. It is not that hard to draft, you just lay out your situation in numbered pararaphs and ask for relief at the end.


 

JerrySJD :

For example 2. divorce entered, 2. agreement based on financials (Ex. A), 3. You have discovered that the financials were incorrect, etc., then ask for the relief that you seek.


 

JerrySJD :

If you have the evidence, you can get him.


 

JerrySJD :

Thank you for using JustAnswer. Please click "Accept". If you need more, just let me know.


 

JerrySJD
JerrySJD, Attorney
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Experience: Divorce, child custody, support, mediation, alimony
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Customer reply replied 5 years ago
I am wondering if any atty would be willing to take on this kind of case pro-bono, or to be paid after it closes? The atty is going to want to be paid in full no matter what and I am not eligable to work with an attorney thru social services in ND. I plan on moving to Minnesota very soon and am wondering if that would help my chances of getting a pro bono atty thru the state of minnesota. Or is this too messy for them to allow social service atty to take this on. Is this something I can ask the state attorney general to look at? I will be totally a ward of the state at 62 beyond all this and I would think the states atty would have an interest in not allowing a spouse in the top 1% of income in the state to leave his legal lifetime spouse peniless in short order, no retirement, no medical insurance already. Plus he has a huge life-insurance policy out on me and last time I checked it was for him to collect a half million dollars when I die. So now I realize that is why he wanted to make sure I would be unable to receive medical care without insurance. Over the years he was consistently trying to get me to take drugs, drugs, and more drugs- basically a dangerous drug cocktail of large doese of multiple antidepressants, strong anti-anxiety meds, painkillers, anti-inflammatories, steroids, asthma medicatiions, and sleeping pills. He never contacted or spoke to my doctor a psychiatrist except one time to tell him, "She needs to stay on her medications. You need to tell her that. Furthermore, she needs more medication so be sure to give it to her. Dr. Block tried to tell him that I was not mentally ill, just depressed, with sleep and some anxiety symptoms so therfore he would not be adding in stronger medications. Len got up and walked out mumbling loudly, "She needs more drugs. Make sure you get them for her." Dr. Blockand I just let him go. Years later when I found out about the life insurance then I understood his behavior about getting and keeping me on as many strong drugs as possible. I would not comply and worked with my doctors and did my own medical research about less dangerous options. My husband forbade me to do so but I moved forward with my research which in application has caused me to be able to get off of about 70% of my meds. anyway, I have a bookful of stories of the same type of behavior going on with tremendous disrespect and emotional abuse going on in every area possible of our marriage. Should these things be brought up in my petition, the testimony part about his behaviors before, during, and after the divorce which are shockingly ugly?
Customer reply replied 5 years ago
Note- he will continue to cook his books to reflect a fake 85% loss of income however his employees have said that his business has grown by leaps and bounds, he has been hiring new full-time employees, and so on. Would we need to subpenoa at least one of them to try to give a more realistic picture of his business?
When you said I have a long shot that was hard but thanks for telling me. I do not know if I should even think about embarking on this when I have no money to pay an atty and still have 4 years of alimony left. I can't afford to waste a dime on something that is a legal long shot with the poverty of the way my life is. Of course, that was Len's intent all along. I was really naive legally. Can you give me the link for the ND online petition, or would I do this with a MN petition since I am moving? There is much to think and pray about for me.

Good you are getting away from the drugs. They are no good. I would not get into any of that with the court. Not relevant to the modification. It is relevant to fault, but that ship has sailed since the divorce is over.

 

There is no on line petition, but there is an on line modification form. You could do that yourself just to mess with them. As I stated before, they will say that alimony is non modifiable, but you will still get into court. When they raise that argument, you state that the reason why is that the financial reporting was incorrect and your attorney was working in collusion with your ex, as you have stated. You show how the guy has a lot of money and you are going to be a ward of the state. You do this yourself, make him come to court with a lawyer while little you stand there and tell the judge what is going on. You had no knowledge of the clause and the circumstances have changed dramatically. At the very least, you will give them a run around. Who knows, they might even settle with you. They are in the wrong and they know it. They have a lot to hide. You are in a position where you have nothing to lose, especially if you do not have to pay legal fees.

 

If you can find some one to reopen for you or help you draft a motion to reopen, then go that route. Failing that, you just file a motion for modification form and force them into court. Who cares that it is non modifiable? That will not stop your case from being heard. Once you are before the judge you can tell him what happened. Do you follow?

 

 

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Customer reply replied 5 years ago
I get it - Maybe the legal term would be something like "bad faith?" Or being tricked into signing away my rights to revisit alimony? or hiding assets? I follow your drift. I just don't know what to emphasize their legal and other behaviors with me was henious. I think you are also saying that the judge rules and if he rules that he wants the alimony revisited, than they would be obliged to show up in court, respond, and revisit it.
Yes, they have a great deal to hide. a great deal. one thing that is going on is that my ex sends me poronography via email when I try to help myself and my ex-divorce attorney sends me obscene letters when he is angry with me. The attorney is so stupid that he send me this sick shit with his professional envelopes with his letterhead in the corner, and he uses the court county mail system to send it to me from his office there as he is now defends criminals for the county court.. should I be contacting the Cass county about this behavior? I know that if I contact the court itself they will ignore it- the ethics violation committee already put in writing to me that doing this to me does not constitute any kind of breech of professional ethics. He not only says obscene things about me but also about my two daughters esp. and my sons- none of which are true whatsoever. Len and my ex-attorney are plainly pornography addicts. I have been told the ex-atty is bipolar but refuses to take any medicine to keep it under control. This is typical bipolar behavior. I know. I am a therapist. I've seen a lot of it. also I am thinking maybe I should contact the FBI that the ex-atty is using the federal mail system to send me this unwanted sick stuff. I think if this kind of stuff gets out in public it will destroy them both professionally, but then again, maybe not. This is ND and the attys here don't go by the rules other state legal systems go by, they simply refuse to do so and the whole thing is rotten right up thru the judges, the supreme court, and so on. then they won't let any of this stuff go beyond a certain low level in the state court system so lo, there is no way to get justice( unless you yourself are one of them).
This porno thing is a different issue. For that, you should seek a restraining order.
JerrySJD
JerrySJD, Attorney
Category: Family Law
Satisfied Customers: 821
Experience: Divorce, child custody, support, mediation, alimony
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Customer reply replied 5 years ago
good idea.
Customer reply replied 5 years ago
can you give me the link for the on line modification form? does this refer strictly to alimony? gracias!

Could not find state issued forms, but there is a form available on line for $24.95. Here it is: http://www.uslegalforms.com/us/US-01899BG.htm

Do you need one for child support too?

So, you have a situation here where the agreement says it is unmodifiable, which will be their defense. You file for it anyway, and go in there an say the clause is void because: 1) it was based on false and fraudulent financials; and 2) it is against public policy (will not work, but say it anyway). If this does not work, then you will have to circle back and file a motion to reopen based on false financials. Remember, you need evidence. This should include documents that prove your point.

JerrySJD
JerrySJD, Attorney
Category: Family Law
Satisfied Customers: 821
Experience: Divorce, child custody, support, mediation, alimony
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Customer reply replied 5 years ago
there is no form listed for ND, just a general form. Is this still usable?
yes. Copy the caption format from you divorce pleadings, just to be sure you have everything in the right form.
JerrySJD
JerrySJD, Attorney
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Experience: Divorce, child custody, support, mediation, alimony
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You have to make sure that you serve this properly. Go over the procedure with the court clerk. Also, I believe you will be assigned a new docket number since the divorce case has ended. You need to ask the clerk about that too. I suggest you take the completed form down to the clerk and show it to them. Make sure you have the right number of copies and the correct service and docket number. You should do fine. While you are there, ask about a motion to reopen for newly discovered financial information that was not disclosed during the divorce. The Motion for Modification is a quick way in, but you might have to circle back to reopen instead. Try this first, but ask the clerk about a motion to reopen. Your ex committed a fraud on you and the court by submitted false financials. Again, remember you need to have proof.
JerrySJD
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Category: Family Law
Satisfied Customers: 821
Experience: Divorce, child custody, support, mediation, alimony
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