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My exhusband recently was effective in playing the victim ...

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My exhusband recently was effective...
My exhusband recently was effective in playing the victim and showing an alleged change in circumstances-for a gross reduction in alimony. It went from 2500 down to 922. She only used his CIS and he lied on it and can point that out. He also said he was in foreclosure and it is tricky to prove but he isn''t and wasn''t really. He got a 63% reduction in the alimony he pays me but only is experiencing a 23% reduction in pay. There were several procedural errors on the part of the attorney, tax return was not attached plus over the page limit on the motion, used the net amount on CIS from his paystub instead of the gross and netted it out twice.
Submitted: 9 years ago.Category: Legal
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8/1/2008
Lawyer: Law Educator, Esq., Attorney replied 9 years ago
Law Educator, Esq.
Category: Legal
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You have 10 days to file a notice of appeal with the court issuing the order or to ask for a rehearing. If you discovered a fraud perpetrated on the court after that time, you need to file a motion to file out of time with the court and prove that the fraud could not have been discovered within the time you had to appeal and generally this will be considered good cause for you to appeal out of time. If the attorney made "mistakes" you may possibly have a claim against the attorney for malpractice and need to report it to the state bar office of disciplinary counsel. Fraud upon the court is always grounds to reopen a matter if the fraud could not have reasonably been discovered during the time period allowed. In addition to seeking an appeal, if you have proof of fraud, you need to file a motion for Rule 11 sanctions against him and his attorney. You should hire a new attorney if you were not satisfied with the one who made the "mistakes."


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Category: Legal
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Customer reply replied 9 years ago
Reply to PaulMJD's Post: would using the wrong number on the cis be considered a fraud, and not revealing a stocks value, only using tbd be considered a fraud, would alleging that he is in foreclosure and he isn't a fraud?
She also has used McCarter and English,she is pro bono to launch an emotional vindictive attack on me. I believe it is a professional courtesy, my ex's sister is on of her best friends and they both are employed by McCarter. How can a huge firm fund a custody battle for someone who is making between 85-100k. I had to pay for my representation now I do not have the money to fund continued representation.
MCCarter is not even a matrimonial firm, they have one person in that department to help out big clients who are using the firm for other matters and may also need help with a divorce.
Are you following me?
I believe she used false information, also is calling and making hell for me in all areas of my life.
What rules and what grounds can I use to file unethical, corrupt usage of a huge firm, misuse of the legal system (you could not pay for the representation he is getting). It is a huge vendetta and this needs to be known!
The attorney's name isXXXXX and Joanne Rogers is the sister's name (she is also an attorney and is employed by McCarter).
She is the ring leader.
I need to prove that the information was false and that Collins is unethical and has broken some rules. Where do I start?
Lawyer: Law Educator, Esq., Attorney replied 9 years ago
The only way to start is to first prove the information was false. Placing the wrong number on the CIS is not necessarily fraud unless you can prove it was intentional and not an error. Not revealing the value of stock could be considered fraud if you can prove the value of the stock was known to them when the disclosure was made. The allegations of foreclosure when he is not in foreclosure would indeed be a fraud. You need to gather proof of your allegations, which you can do by filing a request for production of documents and interrogatories upon the other side. You can also do so by researching the information on your own. You should not be fighting a big firm without an attorney and if you cannot afford one, call the state bar and ask about the pro bono referral programs in your area.

Again, if you have proof that the attorney's knew of these frauds when they sent them to the court, you need to complain to the office of disciplinary counsel at the state bar. As far as your allegations regarding the law firm, this is a common practice for firms like this and attorneys in those firms and it is not really against any laws or regulations. Only the actual professional conduct of the attorney is subject to regulation. There are no charges for corrupt use of a firm and misuse of the legal system needs to be proven through fraud.
Law Educator, Esq.
Category: Legal
Satisfied Customers: 121,074
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Law Educator, Esq. and 87 other Legal Specialists are ready to help you
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Customer reply replied 9 years ago
I was asking a third question was that lost????
Lawyer: Law Educator, Esq., Attorney replied 9 years ago
I thought I answered that one as well. Perhaps I missed one, which question haven't I answered fully for you?
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Customer reply replied 9 years ago
Reply to PaulMJD's Post: it also had to do with cutody, maybe I need to redo it, I started another one after the second one. Is there any way to retrieve it
Lawyer: Law Educator, Esq., Attorney replied 9 years ago
Please retype it in here and I will try to help you.
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Customer reply replied 9 years ago
Reply to PaulMJD's Post: He was effective in reducing the alimony by his twists and lies.
The worst part is he is going for full custody of my seven children, he has 5 (two are in college, one of whom is living with a boyfriend).
I went through trial during my divorce and was awarded physical custody of the two youngest, the older ones could choose. He has done a full fledged brainwashing on my children, they live like in a cult. No one wants to be outsted they see what happened to me when I divorced their dad.
I do not see my older children, he doesn't even allow them to see me on mother's day or Christmas I don't stand a chance.
His attorney had all the children sign certifications, right down to my 9 year old, to be "in camera with the judge", they did and now her preliminary decision is to allow the children to live together. Even though they aren't all together. That is his argument that all the children should be together.
He provides a very dysfunctional house, no rules, often drinking drugs and comings and goings. He is at work until after 6 so my two little ones will be taken from me and allowed to go home to either no one or their siblings who don't and shouldn't have to be the parent.
This is the fight of my life, I needed to release my attorney I don't have the funds. I did qualify for legal services, his pro bono is fighting that saying I shouldn't have, there are so many layers.
I cannot stand the thought of losing my girls' as it is now I am financially destroyed spent all the money I got from the house on attorneys and supplementing since I miss so much work (work 3 part time jobs after being a stay at home mom for 20 years).
There is such blind justice, how can I turn this around it is spiralling and no one seems to be able to help me.
Lawyer: Law Educator, Esq., Attorney replied 9 years ago
The only way to deal with this, unfortunately, is to get proof of the living conditions you describe and present them to the judge. Absent that evidence, it is unlikely that the judge will change their mind. Now, as far as legal aid, I was talking more about the state bar association's pro bono services. Legal Aid is based more on income than the pro bono services, many of which will allow you to pay a reduced rate. I am sorry, but in these situations, where things are so complex, you need to put together as much evidence as possible all based not on what you want, but based upon the best interests of the children. There are good attorney's out there to assist you, but you have to invest some time and energy finding them. I hope you do not lose your girls, but you need to fight to build your case with evidence that his home is not a fit home for the girls, unless you do that, the judge will not have anything to counter your ex's claims.

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Customer reply replied 9 years ago
Reply to PaulMJD's Post: do you happen to know the state bar associations pro bono number? I have contacted several agencies but maybe this one will be able to help
Lawyer: Law Educator, Esq., Attorney replied 9 years ago
Goto: http://www.probonopartnership.org/ and they should be able to get you some help.
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