Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

I went to court today 4320 hearing motion change of

Customer Question
I went to court today...
I went to court today for my 4320 hearing for a motion for a change of circumstances. It did not go well my attorney was unprepared and failed to object to many things she stated she would be objecting to at our meeting prior to the hearing. In fact I did not even get to present my 4320 factors to the court. Back in January of 2015 my husband and I settled most of our issues when it came to assets and liabilities. He kept his debt and I kept mine, he kept his furniture and I kept mine. Because he was also paying child support at the time he refused to pay more than $1792 in spousal support and continued to pay $2200 in child support until my son graduated from college. The judgment I signed did not have a provision in it that it was non modifiable. I went back to court in August 2015 after filing a Motion of Change of Circumstances. My husbands lawyer argued that the judgment was permanent and my lawyer argued it had no provision stating that it was non modifiable. The judge sided with my lawyer and ruled that indeed there was a change of circumstances and allowed a hearing to be scheduled. At the hearing that was scheduled my attorney for no reason and without warning quit my case. The only reason she gave to the court was that if she gave the reason she would be committing some illegal act. The judge granted me a continuation but stated I would have to deal with the new judge that was taking his place. I got another attorney who by all accounts seemed competent and knowledgeable. She reviewed my case and stated she felt confident
that based on my husbands income of 12K a month and his wife helping him at 3K a month and having a disposable income of over 4K a month that I should receive an increase in support. My husband was allowed to present hearsay and state
that he had been servicing over 50K in community debt during the divorce. This was untrue because the majority of the debt was acquired after the date of separation. He had no evidence to back up his claim, yet the judge allowed this. In fact the judge allowed everything he said and very little if nothing at all I had to say. I stated am on welfare and having to stay with family and friends because I was evicted from my home. He also would only allow the last four months of my life to be considered in the factors, yet he never allowed me to present the factors. I was married for 15 years, I haven't worked in
18 years I took care of a child with cancer and still taking care of him even though he is 19. The judge stated he should get a job since I pay $150 dollars for his car and by him food. He actually stated he wanted lower my support but didn't and I should be thankful that my parents are helping me. My parents make $2000 dollars on social security. My husband lives by the beach, my daughter lives with him and I cannot afford to live by her or now visit her pretty much ever again. He stated that I would never make more than minimum wage given my education. So that's what I got for 15 years of marriage from a judge with only 3 months experience in Family Court. Even his reasoning was wrong based on case law. My husbands attorney never cited any case law the whole matter was based on discretion rather than the crux of the family court which is equity. Before the hearing and at a break I reminded my attorney I wanted her to preserve my right to appeal. Honestly I don't know if she did and I feel she may have hurt my right to appeal by not bring forth objections and issues during the hearing. Could you please tell me what my rights are for an appeal, what is allowed at the appeal and how this works.
The only thing the judge did get right was my life style he did say on the record that I did live an upper middle class life. Yet I am now living in poverty because his interpretation of the judgment was that I knew that all I would be getting was only $1792 for the rest of my life even though the judgment never stated it was non modifiable! Please explain what I can do.
Prior to this hearing I met with my attorney on Saturday and I also told her in front of witnesses that she was not to go into chambers to discuss my case with the judge and opposing counsel. She disobeyed me and prior to the hearing went into chambers for over an hour with opposing counsel. When she came out she said my case had been decided and the judge would not allow the 4320 factors to be heard. This is ridiculous because the other judge allowed the 4320 hearing. My case was decided behind closed doors, obviously opposing counsel brought up many other issues that tainted my case. I never had a chance. What can I do about this judge as far as complaints, appeal and this attorney?
Submitted: 2 years ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 7 hours by:
2/24/2016
Family Lawyer: Law Educator, Esq., Lawyer replied 2 years ago
Law Educator, Esq.
Category: Family Law
Satisfied Customers: 124,430
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Verified
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If the judge ruled against you on the motion and the judge got things wrong like you said above, then your recourse is you must file a notice of appeal within 30 days and get an appeal filed to the appeals division. Your attorney has an obligation to file the appeal if you give them instructions to do so. So you need to discuss this with your attorney and make them appeal.
If your attorney refuses and if their conduct was part of what led to this decision, then before you can do anything with your attorney you still need to file your notice of appeal and take this to the appeal court, meaning getting a new attorney.
Once you resolve this matter and get the appeal filed, then you can consider pursuing your previous attorney for malpractice if they did not properly present your case to the court.
Ask Your Own Family Law Question
Customer reply replied 2 years ago
Thank you what about filing a motion for reconsideration or a new trial?
Family Lawyer: Law Educator, Esq., Lawyer replied 2 years ago
Thank you for your reply.
If the judge treated you this way, a motion for reconsideration is not likely to be successful, but you can try it if you can get your attorney to present evidence that the judge did not seem to consider in the hearing.
Ask Your Own Family Law Question
Customer reply replied 2 years ago
If you file the motion for reconsideration and he rejects it. Do you still have the right to appeal?
Customer reply replied 2 years ago
Also how soon could we get the transcripts
Family Lawyer: Law Educator, Esq., Lawyer replied 2 years ago
Thank you for your reply.
Yes, if you file for reconsideration and are denied, you can still file the appeal.
Transcripts depend on how busy the court reporter is when you file the request, but typically they are ready in about 30 days.
Ask Your Own Family Law Question
Was this answer helpful?
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 124,430
124,430 Satisfied Customers
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.

Law Educator, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,875 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

Barrister

Barrister

Lawyer

3,415 satisfied customers

Attorney with 17 years experience

P. Simmons

P. Simmons

Lawyer

3,398 satisfied customers

16 yrs. of experience including family law.

RobertJDFL

RobertJDFL

Lawyer

2,787 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
The spousal support laws for IRS are changing in 2019. I'm
The spousal support laws for IRS are changing in 2019. I'm wondering if the new law would still be seen as income while renting an apartment or can the landlord deny the apartment based on the IRS tax… read more
Ray
Ray
Lawyer
Doctoral Degree
32,639 satisfied customers
Im in a divorce, we haven't had child support or alimony
Im in a divorce, we haven't had child support or alimony payments set yet. If i am living with another woman, can her income be used against me in Louisiana? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
11,365 satisfied customers
My ex admitted to withholding spousal support for 5 months
My ex admitted to withholding spousal support for 5 months to offset what he claims is an overpayment by him of support. I am wondering what Family Code governs Spousal Support? I like to think he can… read more
N.Brown ESQ
N.Brown ESQ
Juris Doctorate
113 satisfied customers
In Idaho, does spousal support end if spouse re-marries? It
In Idaho, does spousal support end if spouse re-marries? It was not specified in divorce decree, we are mid 70's with no kids.… read more
S. Kincaid
S. Kincaid
Doctoral Degree
2,404 satisfied customers
My soon to be husband is required to pay spousal support to
My soon to be husband is required to pay spousal support to his ex wife. They were married 18 years and she only worked part time while they were married, by her own choice. She has no restrictions th… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
58,800 satisfied customers
If you are separating in a marriage can you get out of a
If you are separating in a marriage can you get out of a lease … read more
Ray
Ray
Lawyer
Doctoral Degree
32,639 satisfied customers
Child Support modification assistance. The divorce was in
The divorce was in Florida, but My ex-wife and son moved to AZ, and I now live in WV. I am unemployed, but retired from the military. The Child support was based on my income when I was employed and hasn't been adjusted. … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
If parties can stipulate a modification of spousal support
If parties can stipulate a modification of spousal support retroactively. Both parties sign a stipulation. Will the judge intervene? … read more
Ray
Ray
Lawyer
Doctoral Degree
32,639 satisfied customers
In my divorce papers it says that child support is supposed
In my divorce papers it says that child support is supposed to stop when the child turns 18 but if she goes to college does it still have to be paid?… read more
Law Educator, Esq.
Law Educator, Esq.
Lawyer
124,430 satisfied customers
Can my ex wife take me for spousal support? No fault divorce
Can my ex wife take me for spousal support? No fault divorce was final Feb 20th. … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I am seeking a divorce with spousal support I have been
Hi i am seeking a divorce with spousal support I have been marrief for 35 yrs Have never worked for more than 7 months and have no income at present we sre renting and there's no property that i know … read more
DanLegal
DanLegal
Law Partner
Juris Doctor
461 satisfied customers
I filed on this issue "terminating spousal support" as an
I filed on this issue "terminating spousal support" as an exparte. However a trial date has been scheduled, but nothing has been heard. Can I take it in again as an Ex parte and have thejudge rule on … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
58,800 satisfied customers
Can a divorce stipulate that no child support is to be
Can a divorce stipulate that no child support is to be ordered, parents are agreeing on having children 50/50 meaning 1 week with mom 1 week with Dad. Parents have decided that no one will pay child s… read more
Sean K
Sean K
Attorney/Member
JD
638 satisfied customers
I have a question about permanent spousal support in
I have a question about permanent spousal support in California. I was married with my ex about 6 years and I received temporary support for last 12 months. Our divorce hasn't finalized yet and it has… read more
socrateaser
socrateaser
1,031 satisfied customers
Questions on setting writing up a spousal support (alimony)
Questions on setting writing up a spousal support (alimony) waiver prior to getting married in Florida … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
58,800 satisfied customers
My son was divorced in Tennessee. Child support was setup.
My son was divorced in Tennessee. Child support was setup. He now lives in Michigan and his exwife and daughter live in Texas. He has taken a job that doesn't pay as well as his Tennessee job. Can a M… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,898 satisfied customers
HAVE QUESTIONS ABOUT DIVORCE/SEPARATION, SPOUSAL SUPPORT.
HAVE QUESTIONS ABOUT DIVORCE/SEPARATION, SPOUSAL SUPPORT … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,766 satisfied customers
Need advice with child support spousal support separation
Need advice with child support spousal support separation divorce questions … read more
Expert James
Expert James
Doctoral Degree
12,131 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x