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Sorry this is Diana...

Sorry this is Diana again, I accidently lost connection with you. Please help.

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Tennessee

Lawyer's Assistant: Has anything been filed or reported?

Not sure

Submitted: 4 months ago.Category: Legal
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Customer reply replied 4 months ago
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer reply replied 4 months ago
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Answered in 4 days by:
3/14/2018
Lawyer: Gina-Moderator, Moderator replied 4 months ago
Gina-Moderator
Gina-Moderator, Moderator
Category: Legal
Satisfied Customers: 13
Experience: Moderator at JustAnswer
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Hello:
I'm Gina, the moderator for this category. I'm so sorry that an Expert has
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Customer reply replied 4 months ago
I want to continue. Can you call me on my phone, please.7313337718. Thank you
Lawyer: Andrew, Lawyer replied 4 months ago
Andrew
Andrew, Lawyer
Category: Legal
Satisfied Customers: 377
Experience: Attorney
Verified

Hello I am a licensed practicing attorney with 20 years’ experience hopefully I can help with your problem. Please give me a moment to review and respond to your question.

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Lawyer: Andrew, Lawyer replied 4 months ago

hi Diana sorry to hear you are having problems. I would be more than happy to talk you I just want to make sure that I am correct attorney for you. Did you have a specific question?

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Customer reply replied 4 months ago
My husband appealed the 2013 divorce decree and we think the judge was not fair in his decision. . Yesterday, the judge did not want to listen my husband and did not want to see the evidence my husband had to demonstrate that the income in his account was from loans taken and money from his mother (whom he is POA) to pay her bills. The judge said my husband was trying to hide money. The divorce decree 2013 states that she is disable and not capable of rehabilitation and she was awarded alimony in futuro for $ 2,300. But, she declared during the deposition 2 weeks ago that she is not disable and can work, but the alimony in future continues. At the end, the judge decided to reduce the alimony in $400 and continue and with the alimony in futuro.1. Should not the judge be obligated to accept to check the evidence instead of making assumptions?
2. can the alimony in future continue even though my husband is not working and she is not disable, and specially because she lied about this by the time of the divorce in 2013
3. Is there anything my husband can do for the judge to reconsider his decision or request a higher level judge, or file a complaint?
4 Can I represent our children (5 and 8) to claim more money to my family (my husband, my children and me). My husbands retirement is $3,300 and we have been living on $1,000 and he is giving his ex-wife alimony for $ 2,300 (she has no dependents and they never had children ).5. Do not our children have presidency (priority)Thank you.
\Diana
Lawyer: Andrew, Lawyer replied 4 months ago

Diana going to opt out for someone better suited to answer your questions.

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Lawyer: Law Educator, Esq., Attorney replied 4 months ago
Law Educator, Esq.
Category: Legal
Satisfied Customers: 125,958
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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.

I am a DIFFERENT CONTRIBUTOR, as your previous expert left.

1) A judge is not obligated to investigate or check evidence. It is the responsibility of each party to present actual evidence in accordance with the rules of evidence to the court. The judge's duty is to evaluate the evidence and decide based on the evidence presented to the court.

2) Alimony can be terminated for significant change in financial circumstances, which would have been your husband's obligation to present evidence.

3) Your husband can appeal the denial of changing or eliminating his alimony and he would need an attorney to do that.

4) Unfortunately, unless you are a licensed attorney, you cannot represent yourself or your children in this matter, you have to have your husband's attorney appeal this. The state law does not provide that your husband is entitled to relief because he has a new wife or children I am sorry to say.

5) Your children do not get priority I am afraid, the court considers all obligations of your husband, not only his new family, but the prior family

So, your husband filing an appeal would be the proper step to take, judges rarely if ever reconsider on their own so going to the appeals court would be the next step for your husband.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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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).

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