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In a family court hearing, if one attorney degrades the

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In a family court...

In a family court hearing, if one attorney degrades the opposing party (same as in the written resolutions) and the other attorney does not stop it (altho addressed in the written resolutions) will a judge ignore those character assassination attempts and just look at the issue at hand. I'm concerned that the attorney didn't refute the remarks.

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

This is not me it is my daughter. They were making a ruling on how she was

Lawyer's Assistant: Family law varies by state. What state are you in?

To repay alimony determined to be excessive. She was imputed an amount and then it was made retroactive, thus causing overpayment. In court, they are to decide how it is to be paid. DCSS said how it could be done thru reduction of future alimony..... her ex wants it paid in full now (even tho he took a deduction for it and my daughter has already paid taxes on it. In court I understand her ex's attorney defamed her character and her attorney didn't defend her... saying that the judge won't pay attention to that. Only the facts.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

This is at the end of a 2 year legal battle because the ex won't mediate and has an attorney that is noted for litigation.

Submitted: 8 months ago.Category: Family Law
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Answered in 9 minutes by:
11/10/2017
Family Lawyer: Infolawyer, Lawyer replied 8 months ago
Infolawyer
Infolawyer, Lawyer
Category: Family Law
Satisfied Customers: 63,025
Experience: Experienced lawyer
Verified
Normally the judge takes notes and warns counsel to stop. The lawyer can also be reported to the disciplinary committee.You want to prepare your case by creating a time line starting from the earliest event. For each event, write down key details and witnesses and if there is a document that relates to it, save it and refer to it. This timeline can be very valuable in narrating your case and presenting it later in a concrete and specific way.Please let me know if the reply is acceptable by responding “yes” or “acceptable”
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Customer reply replied 8 months ago
My question is: Is a Judge influenced (by accusation and implied character flaws by one attorney when the other attorney does not say anything but just sticks with the issue at hand) when making a final ruling? The Judge
elected to make a ruling in writing to the two parties rather than rule at the hearing.
Customer reply replied 8 months ago
No, I do not want a phone call or further costs... just your opinion if a judge can be influenced or will they just rule on the issue at hand.
Customer reply replied 8 months ago
Are you going to reply?
Customer reply replied 8 months ago
Do I need to request another expert?
Customer reply replied 8 months ago
I couldn't tell if he was finished or not... never replied....
Family Lawyer: Infolawyer, Lawyer replied 8 months ago

The judge will normally consider the arguments of both sides and decide from the bench or take under submission and decide later. Character flaws of a lawyer are not pertinent to the decision unless judge finds one lawyer to not be credible in his position and arguments. apologies for the delay but I just received a prompt of your replies.

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Customer reply replied 8 months ago
I wasn't talking about the character flaws of the lawyer!.... My question was about whether an opposing lawyer's subtle
undermining of the character and integrity of the respondent is influential. The judge has already ruled so my inquiry is
mute.
Family Lawyer: Infolawyer, Lawyer replied 8 months ago
the court may consider it and apply whatever weight, if any, it wishes within its discretion. Often it will have no impact as court focuses on facts and legal arguments.Please let me know if the reply is acceptable by responding “yes” or “acceptable”
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