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I was just put out my home on temporary orders with no support

from my spouse and I...
I was just put out my home on temporary orders with no support from my spouse and I have no job. Can I appeal the decision?
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Answered in 1 minute by:
8/1/2013
Dimitry K., Esq.
Category: Family Law
Satisfied Customers: 41,221
Experience: I provide family and divorce law advice to my clients in my firm.
Verified
Thank you for your question. Please permit me to assist you with your concerns.

Did you file a petition for spousal support? When was this temp order put in place?
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Customer reply replied 4 years ago

well I asked for 20 percent of her income today if I am going to leave the house.


 


I have to be out the house on Monday. She keeps all the property and I have to remove my personal property only.


 


No matter what I said to the judge; it was like it didnt matter.

Alan,

Where and how did you obtain the 20% income amount? Are you completely unemployed? Who filed filed for divorce (I am assuming that this is what started the removal request). If this is a divorce petition, on what grounds are the parties filing?
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Customer reply replied 4 years ago

I just simply asked for 20% of the monthly income. Yes I am completely unemployed and I pay child support for 4 children. She is the petitioner and she has a daughter from a previous marriage that I have raised since she was 2 years old( she is 12 now). I opened a CPS case against my wife for neglect on the daughter because she was cutting her wrist and depressed. The daughter said it was because of our fighting. Still...because my wife stopped the counseling that I originally started because she was trying to protect her reputation she stopped having her attend. Once she told me a second time she was still cutting; I felt I had to do something so she would not end up dead. My wife wanted divorce last year and we reconciled. But now I believe she only did it to save her career. She committed family domestic violence against me and she was arrested for it later on. I didnt press charges because I thought we were reconciling. A year later it is clear it was all a plan to save her career and stop me from suing her

Alan,

That sounds terrible. Have you at least considered retaining counsel rather than go at this pro-se? Have you spoken with LegalAid or other entities to see if you are eligible for any sort of legal assistance?
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Customer reply replied 4 years ago

Well I have been trying to obtain legal counsel but i dont have the money to do so. I asked the judge to release the joint account money that she has held captive in her personal savings account so I can afford my own and she said no because she gave me a month before to find someone.


 


I have no where to go.

Alan,

Final question so far. What, if anything, have you tried in retaining counsel?
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Customer reply replied 4 years ago

I have called around to a lot of lawyers with little success. tomorrow I will be driving to the legal aid office since getting a return call is impossible.


 


My original question has not been answered.


 


Can I ask for some kind of rebuttal of the judges decision??

Alan,

The reason I did not answer your original question is because I was trying to provide you with the best option for success. You CAN file a 'motion for reconsideration' to the judge within the first 30 days and ask that the judge re-evaluate the decision that he made both pertaining to the eviction as well as support obligations. But the reason I was asking about what you tried is because motions for reconsideration are rarely granted and the chance for reconsideration may improve if you can find an attorney to file it for you. That did not yet happen but that is why I asked if you stopped by LegalAid because I see this as a situation where you would truly need their assistance to be able to prevail. Or you can also consider contacting the county bar association to see if they have any pro bono options for individuals in your situation.

Good luck.

Dimitry K., Esq.
Category: Family Law
Satisfied Customers: 41,221
Experience: I provide family and divorce law advice to my clients in my firm.
Verified
Dimitry K., Esq. and 87 other Family Law Specialists are ready to help you
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Dimitry K., Esq.
Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41,221
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Experience: I provide family and divorce law advice to my clients in my firm.

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