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I live in hamilton county indiana. After 40 years i am in…

I live in hamilton...

I live in hamilton county indiana. After 40 years i am in the process of a divorce. I also recently became disabled and lost my position at work after 19 years and 10 months as i had exhausted all means of time off.

Lawyer's Assistant: Have you talked to an Indiana lawyer about this?

My lawyer requested spousal maintenance as i have little to no income and the judge denied it. My lawyer filed for reconsideration. I checked mycase.org and the history shows denied the same day and the next day it also had the other lawyers name.

Lawyer's Assistant: What steps have you taken so far?

How do i know if it was denied by the other lawyer or actually by the court

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

My husband is not being nice at all even though we have been together 40 plus years. He is retired military and is now a federal employee. My husband wants me to receive zero in every way. My lawyer is very passive and is the only one willing to work out a payment plan with me. How can i ensure i dont walk away with nothing? There are laws concerning spouses. I dont qualify for the 20 20 20 because he retired after 20 yeat

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Answered in 26 minutes by:
5/19/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,297
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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I'm very sorry to hear about your situation. This is a tough call only because the decision is almost entirely up to the judge in the case and up to the willingness of the other party to work with you. Generally, a party that makes more money during the marriage is required to pay spousal support. The state has guidelines that require them to take into consideration things like the length of your marriage, your ability to work, and the income of both of the parties. In your case, it's hard to say because I don't have all of the specifics; however, your lawyer should be aware of these guidelines that courts are required to use. If the judge denies you, you could always file an appeal of the final judgment in your local court. Moreover, this could be used as leverage with the other party to discuss settlement options so you can avoid the legal wrangling involved.

Because I value your input, I would like to know whether you have any other questions for me today that I could help you with?

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Hi. I'm sorry; could you clarify for me a bit?

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Customer reply replied 3 months ago
I lookeflooked

I'm sorry. I'm a bit confused. Could you clarify for me?

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Customer reply replied 3 months ago
I looked at mycase.gov and it says denied the same date as filed. Then right under that is the other attorney's name. How can I tell if was the judge that denied

The court should be sending you copies of the orders to your attorney's office. Also, your attorney should know whether it was denied if they have any experience using mycase. Because I don't have your case number, I couldn't tell you for sure exactly what you're looking at, but it is highly unusual it would say something like that. Also, the court clerk should have filed the order as well so you can always go to the court and find out for usre.

Did you have any other questions for me today? If not, were you satisfied with my service today:-)?

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Customer reply replied 3 months ago
I will be homeless at the end of this month. Any assistance program have wait lists. I am not allowed to go back to the hpu

I'm really sorry to hear about that. Your attorney could file an emergency request with the judge or file what's called an interlocutory appeal to see if they can get you the assistance you need. What other questions did you have for me about this today?

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Customer reply replied 3 months ago
I can't afford the $59 to call you right now. I am sorry. How can I get my lawyer to be a little more aggressive. The other attorney is like a bulldog.

Oh, that’s not a problem with the phone call. The system automatically asks if you want one, but there is no problem declining the request.

To be frank, it's hard for a leopard to change their spots. If you don't feel like the attorney is aggressive, your best options are either to demand that he be more aggressive, or fire him and find someone else. Being aggressive can be useful; however, remember that unless the other side is intimidated by him, without a court order, it won't matter how aggressive he is. Regardless, there are usually many family law attorneys who are able to assist you in the area.

One of the hardest things to do sometimes is find a lawyer that you can trust. Google searches are a good place to start, but usually the lawyers who pay the most in advertising can get bumped up to be on the first page regardless of their quality. One thing I recommend is going through your state’s lawyer referral service (LRS). The LRS in each state typically requires the attorney to have several years of practice, be free of discipline, and have adequate staffing to assist people. If you click here, you can see a full list of all of the lawyer referral services throughout the country. You can also search for attorneys on a website called Lawyer Legion (click here) that scours all 50 states based on the kind of attorney you need.

What other questions did you have for me today about this?

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Customer reply replied 3 months ago
Thank you for your time and expertise. Please keep me in your prayers

The pleasure is all mine! Unless you have additional questions, there’s just a few other things I’d like you to know before we wrap up this conversation:

  1. Could you look on your screen and provide me a star rating? 5-stars are always appreciated.

  2. You can save me as a favorite if you would like.

  3. For your benefit, you can also click here in the future to request me individually.

  4. Don’t forget, if you haven’t already, you can always sign up for a membership with Just Answer and start asking more questions for cheap.

  5. Don’t forget to tell your friends about justanswer.com!

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Customer reply replied 3 months ago
I am scared
The judge did order my husband to pay my attorney $2000 dollars i was grateful for that. We go to mediation next however i already know we wont agree. The judge seemed to take sides and if we go to court it will be the same judge...

I'm sorry to hear about that. Sometimes, judges can be a little biased; however, if you find out why, you can work on helping to eliminate that bias by doing less of what he or she dislikes and doing more of what they consider to be positive. It's not great, but judges are human beings so you have to sometiems work around their biasses.

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Customer reply replied 3 months ago
He did... but when i looked it said denied which is why my most important question is how can i tell if the judge denied it or if the other attorney did? Her name is right under the denial but has the next days date?? This is the answer i want the most

The other attorney doesn't have the power to deny a request you make; only the judge has that power. I'm not sure exactly what you're looking at, but if you send a screenshot, I can help you know for sure because right now it's impossible to tell based on your written description.

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Customer reply replied 3 months ago
Just a minute. Let me see if i can pull it up please

Sure thing.

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Customer reply replied 3 months ago
I have the picture but it wants me to email it. Is there a way i can cut and paste it?

Sure thing. Usually, you can attach a copy to this discussion so if you screen shot it and save it to your computer, you can upload it and I can review.

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Customer reply replied 3 months ago
It was the court that denied it. I am so very discouraged at this point.
I am trying so hard not to be afraid and to only Trust God! I was the one who filed back in January but so far everything has gone in his favor. I was verbally and emotionally abused for 35 years and just cant believe this. I cant afford another lawyer retainer. Is there anyway i can protect myself. Is there anyway i can ensure receiving both spousal military and federal benefits? What if it does go before the same judge and he sides with them again?

I'm sorry to hear about that. I would probably recommend honestly that you dump your attorney, get the unused amount from your retainer back, and hire someone else if you're concerned about this. Also, keep in mind that you have the ability to file an appeal of this decision with a higher court and cite the fact that you may be destitute unless you get this money. Those are honestly the only ways that you can ensure that you're receiving the benefits to which you may be entitled. If you file an appeal, it won't go before the same judge either. Also, it may be a long shot, but you could also fil ea complaint with the state's judicial council if you're concerned that bias played a part in this.

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Customer reply replied 3 months ago
Thank you so very much. Have a great Saturday!

You bet. If you don't mind, would you be okay providing me a five-star rating today? I would sincerely ***** ***** and it'll show Just Answer I'm at least making my best efforts. Thanks so much!

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Customer reply replied 3 months ago
Thank you. I dont have the money for another retainer fee, im not able to work. Is there anyway i can make sure i receive spousal benefits from his military retirement and his federal spousal benefits?

The best way to ensure this is if you file what's called an interlocutory appeal. This is an appeal that you can make before the trial is over on some specific part of the case the judge ruled against you on. Everything has to go through the courts.

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Customer reply replied 3 months ago
I realize it may be up to the judge.
How can I make sure to be prepared? What steps do i take? I took him to enlist and myself and 2 children were there when he retired and have hung in there another 20 years.

Hi, I just posted my recommendations I think at the same time as your most recent question. What questions did you have for me about that?

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Customer reply replied 3 months ago
I didn't receive that one?

I'll repost: The best way to ensure this is if you file what's called an interlocutory appeal. This is an appeal that you can make before the trial is over on some specific part of the case the judge ruled against you on. Everything has to go through the courts.

Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,297
Experience: Licensed to practice before state and federal court
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Customer reply replied 3 months ago
OK, I have an appointment with my attorney Monday. What do you suggest I ask him?
Customer reply replied 3 months ago
We have to try mediation first so those benefits have not gone before the judge or opposing side

Thanks for your patience. For whatever reason, the system opted me out of the question soI could not respond. My recommendation is to ask the attorney about an interlocutory appeal and what the things the judge considers in regard to receiving the pension benefits.

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Customer reply replied 3 months ago
Thank you. I appreciate it. I gave you a 5 star and kept your info. Again please keep the situation in your prayers. I hope and pray after 40 years and becoming disabled hopefully he will have some empathy... it would be so more cost efficient if mediation could go well. I pray i find some kind of housing other than a Box

Thanks so much. I'll pray for you.

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