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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 19632
Experience:  B.A.; M.B.A.; J.D.
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Last year I had a divorce property trial and my Ex had for

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Last year I had a divorce property trial and my Ex had for the second time tried to get custody. The Ex was successful in getting the number of overnights changed in her favor which put her right at the mark to where a new child support calculation allowed her to pay about 40% less. It’s a twisted story but my attorney and I believe there has been collusion between the Exs attorney and the Judge who are friends and the Judge was a former partner with him at a firm. One might think that the attorney who has enough evidence would want to bust them but I’ve had several attorneys in this small town and when they get to the point where they see there is corruption - they quit because they are not going to risk their entire career here to go to bat for a 5k client. I know as part of the Judicial code they are required to report it but it just doesn't happen. During that trial my Ex had the in-house counsel from her company (an airline headquartered in my town “SkyWorst airlines”) testify at the custody trial. What was at the center of his testimony was the email interactions I had between the in-house counsel (I’ll call him“Joe”) before I filed suit against their company. I filed my lawsuit in the wrong court and didn’t refile due to health issues. In-house Joe emailed me telling me how my lawsuit cost them and it was frivolous. It all started when an employee at SkyWorst airlines called the HR department hotline to make a report accusing my Ex of embezzling and using SkyWorst property to carry-on an affair. SkyWorst called me and said that the employee who contacted them anonymously said I would have evidence how she was stealing from the company. So they contacted me first!. At the custody trial, in-house Joe testified that the first contact from an employee was via email and they had it examined by experts and the email concluded the email from my PC and I just pretended to be an employee. I knew that was a complete lie because I didn’t send it. After trial I emailed him and said I wanted a copy of that email. He steadfastly refused to send it to me. This past Friday, I was at a gathering where a SkyWorst Airlines employee came up to me – a friend of my Ex –and told me he was the one that made the first phone call. Now I have a witness to prove Joe had completely fabricated the story under oath, certainly to get me back for starting a lawsuit against him and he is ‘close’ to my Ex. Now I know why he would not send the email because there was no email. My question is, what can I do? Ask for a new trial; ask for sanctions for my Ex and/or the attorney. Problem is I will run up against this corrupt club they have. Would it be best to call FBI, DOJ or our State Attorneys office? What about the Judge?

Hello: This is Phillipsesq. Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

I am sorry to read about your difficulties.

I have carefully reviewed your post. However, I do not understand what your custody case had to do with the airlines.

Kindly clarify.

Thank you for your cooperation.

Customer: replied 4 months ago.
I understand that is does not make sense -- it was that bazaar. Skyworst and my Ex were upset that I filed a lawsuit. Shortly after she file a petition to modify our custody we had stipulated to in 2012. In her petition she basically on claimed one thing and that was since the 2012 custody stipulation, she claimed it had come to her attention that I had become emotionally unstable. They did not send any pre-disclousures so I had no idea what it was based on... well I knew it was unfounded and just revenge... but at trial they tried to say that their claim that I had contacted the airline and pretended to be an employee reporting another employee (my Ex) was embezzling show I was nuts. The airlines in-house counsel said that I had sent them an anonymous 'email' and they had some expert track it to the same network and IP address as was found on later communications I had with SkyWorst airlines. So even having me up there on the stand denying I sent them the 1st orgianl email claiming an employee was embezzling again showed I was unstable. I knew the SkyWorst in-house attorney was flat out lying because I did not contact them, they contacted me. After trial I emailed that attorney and told him I knew he was lying under oath and he didn't bring the email to court so I wanted a copy of this so called initial anonymous email. He would not send it to me. I would say to him, if Im the author then send me back a copy of my email but he would not. So at the end of trial the Judge kept custody with me but gave my Ex, who had almost killed our daughter in a DUI crash, more overnight visitation. I knew that SkyWorst had lied but had no proof. So last Friday Im at a party and a former employee came up to me and was asking about the trial etc and I mentioned how the SkyWorst attorney lied and said I was the one who contacted them by email to report embezzlement and then they tried to make me look "crazy' as I sat and denied it. My word against a Harvard law school graduate!!!! The former employee who used to be friends with my Ex told me he was the one who report my Ex to HR and started this whole thing and he told me he didnt send them an email, he called an in-house hotline where employees can notify HR of employees behaving badly. So now I have proof and a witness that I was telling the truth and Mr Harvard flat out lied. I hope that bizarre events makes sense. My Ex attorney scheduled the hearing on the Petition to Modify Custody with our property division trial. And that clearly work. Even though the Judge left custody of the child with me, we went on for a slanderous 15 minutes that he bought there story and on property division just hammered me. Made me pay half of her MBA school loans on a 4 year marriage and half of her school loans he made me pay on she took out BEFORE we were married. In every area of property division he sided with her. they are so corrupt. would it be a good move to motion to recuse the Judge ( he must have said 12 times he couldn't understand how a disabled person could raise a child), seek sanctions on my Ex? SkyWorst Attorney, ask to dismiss?

Thank you for the clarification. It makes more sense to me now.

You need to file Motion to Recuse the Judge and to seek sanctions against your Ex for perpetrating fraud on the Court. You should also file Motion to Vacate any Order that was based on the false testimony.

Goodluck with your case,

Customer: replied 4 months ago.
What reason would I use to recuse of the Judge, because there is evidence he has engaged in collusion with my Exs attorney and all his bizarre decisions or would it be that due to the Exs fraud on the court nad I believe he is now too biased to be fair and impartial. I wondered about his derogatory remarks about disability and his repeated comments that suggests he is biased towards the disabled. [ ie He decided on his own that I could work at least a minimum wage job.. this was not a hearing for disability and no evidence was present if a person with severe narcolepsy could work 8 yours a day at minimum wage.]

All the reasons that you mentioned: collusion, biased against the disabled, heard derogatory and false testimony against you.

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