I agree and the ex-wife ought to be treated like a rabid dog!
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Documents/contempt of court
- Thread starter deecopperpot
- Start date
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I agree and the ex-wife ought to be treated like a rabid dog!
I agree. It doesn't sound as if the decree authorizes any dollar modifications and certainly unless he's hit a lotto that affords him millions, not seeing what may have changed in his circumstances to such a degree so as to warrant an increase for him to pay. Not sure of the background or why he had to pay permanent in the first place but it's probably worthwhile to counter the petition and request dismissal. Can't hurt....
I wish you all luck
I wish you all luck
It's one of those where he foolishly AGREED to pay the alimony!! Probably to save litigation costs!!
deecopperpot
Member
Oh...my fiance did Challenge the Motion about 3 weeks ago and he filed it when he sent in the first round of documents. Now her lawyer is going to court because he challenged it. They go on Monday. I think he was trying to delay by calling in sick for more fees. I just hope the judge is not a friend of the lawyer's as the lawyer is a retired judge. He should know what he cannot do. Think he is just building up fees is my guess....I hope.
Her lawyer seems to know all the tricks. Having my fiance's place of employee contracts with a graph depicting his salary decreasing should do the trip unless they find out about that one time cap gain in 2005whihc I feel should haven othing to do with his monthly income.
Thanks so much
Her lawyer seems to know all the tricks. Having my fiance's place of employee contracts with a graph depicting his salary decreasing should do the trip unless they find out about that one time cap gain in 2005whihc I feel should haven othing to do with his monthly income.
Thanks so much
The old fart is so used to giving women alimony, he just can't stop doing it!!
Gracie3787
Senior Member
The hearing on Monday is only for the motion your fiance filed asking that the modification be dismissed?
If so, that's great, if the Judge grants the motion and does dismiss, everything will be over. I sure hope that's the way it turns out. Please post and let us know. It's really aggravating, I know I had some print outs of case law on alimony, but all those papers were destroyed by hurricane Jeanne in 2004. I sure wish I had still had them, I'd love to post them for you.
deecopperpot
Member
Documents
Gracie- The hearing on Monday is to stop her lawyer to keep asking for documents and that what he has, will have to be enough. I do not think it is to stop the increase of alimony. That original court hearing is with another judge. This Monday 's judge was hand picked by her attorney the day after he returned from vacation. He knew all this so my fiance could not reschedule and have to be there without sufficient notice. My fiance was there and so was his ex to let her lawyer know. When he did show up her lawyer called in sick and all was UNsettled as her lawyer was not present. My fiance got a call that afternoon at noon to reschedule for this Monday by her attorney. My fiance expressed his feeling toward him concerning the unprofessionalism by him. They will all be there on Monday. The reason he called in sick as he wanted the time for the IRS to mail a 2005 return to my fiance....the lawyer had requested it it seems. We never received it! Seeing he put a Motion to Stop he will not supply anymore documents. I really feel that the graph and contracts of income will maybe stop this whole thing and she will have to pay her own fees. If the judge makes my fiance pay these fees, she will do this every year as she has nothing to lose. I hope the judge is well aware of this. We just want to have a life together without this harrassment. I just became a grandma!
Gracie- The hearing on Monday is to stop her lawyer to keep asking for documents and that what he has, will have to be enough. I do not think it is to stop the increase of alimony. That original court hearing is with another judge. This Monday 's judge was hand picked by her attorney the day after he returned from vacation. He knew all this so my fiance could not reschedule and have to be there without sufficient notice. My fiance was there and so was his ex to let her lawyer know. When he did show up her lawyer called in sick and all was UNsettled as her lawyer was not present. My fiance got a call that afternoon at noon to reschedule for this Monday by her attorney. My fiance expressed his feeling toward him concerning the unprofessionalism by him. They will all be there on Monday. The reason he called in sick as he wanted the time for the IRS to mail a 2005 return to my fiance....the lawyer had requested it it seems. We never received it! Seeing he put a Motion to Stop he will not supply anymore documents. I really feel that the graph and contracts of income will maybe stop this whole thing and she will have to pay her own fees. If the judge makes my fiance pay these fees, she will do this every year as she has nothing to lose. I hope the judge is well aware of this. We just want to have a life together without this harrassment. I just became a grandma!
Gracie3787
Senior Member
Ok, I understand now. Please post and let me know how the hearing turns out.
Congrats on becoming a Grandma. Being grandma is soo much fun, we can send 'em back to mom/dad when they get too fussy or we get too tired.
deecopperpot
Member
Documents
He has challenged both....in retaliattion he stated his alimony should be decreased and she should pay HIS expenses for legal advice as his income has DEcreased. I cannot believe her lawyer is continuing....probably to make more fees...as someone will pay him. She is too greedy to realize that.
He has challenged both....in retaliattion he stated his alimony should be decreased and she should pay HIS expenses for legal advice as his income has DEcreased. I cannot believe her lawyer is continuing....probably to make more fees...as someone will pay him. She is too greedy to realize that.
Or like my STBX - presumes that since they have less $, the other party will be ordered to pay their attorney's fees. Sigh...a little common sense would go a looong way, right?!:
Good luck Deecopper...I'll behoping to read the motions were thrown out and she's responsible for her own costs!
Happy w/e to you!
Good luck Deecopper...I'll behoping to read the motions were thrown out and she's responsible for her own costs!
Happy w/e to you!
deecopperpot
Member
Documents/Contempt-Result
M fiance went to court this morning and he did nothave to show his passport or his list fo students but the judge says he has to produce his 2005 tax return with the house sale (profit of $40K) and he had to pay $300 of her attorney fees. He cannot afford his lawyer but has to pay for hers!
What now???? He has to produce and then go to mediaiton about more alimony. He was down in the dumps and sayss write this to your legal advisors.
What do any of you suggets now? He ill produce but will the one time $40 have any effect on more alimony as he used it as a down payment on the house we are living in. I put the other $40K down. She lives (to repeat myself ) in a half million dollar house in a gated community alone! 5 bedrooms and 3 bathrooms!
Any adivce would be appreciated? Do you think her lawyer is in bed with the judge or is this a normal fair decision after handing over his bank statements, his credit card statment, his 2006 tax return, his work contracts with his salary stated which is less than what he made before!!! Big deal!
I am at work but wish I was not.
M fiance went to court this morning and he did nothave to show his passport or his list fo students but the judge says he has to produce his 2005 tax return with the house sale (profit of $40K) and he had to pay $300 of her attorney fees. He cannot afford his lawyer but has to pay for hers!
What now???? He has to produce and then go to mediaiton about more alimony. He was down in the dumps and sayss write this to your legal advisors.
What do any of you suggets now? He ill produce but will the one time $40 have any effect on more alimony as he used it as a down payment on the house we are living in. I put the other $40K down. She lives (to repeat myself ) in a half million dollar house in a gated community alone! 5 bedrooms and 3 bathrooms!
Any adivce would be appreciated? Do you think her lawyer is in bed with the judge or is this a normal fair decision after handing over his bank statements, his credit card statment, his 2006 tax return, his work contracts with his salary stated which is less than what he made before!!! Big deal!
I am at work but wish I was not.
No it is not a fair decision, it is a legally fair decision.
Gracie3787
Senior Member
I can understand if a Judge thinks that the tax returns should be produced because a full hearing would be needed, but, given the financial situations, and the fact that your finance does NOT have an attorney, it's insane that a Judge will already decide that he has to pay HER attorney.
I'm so sorry, I've had alot of dealings with Florida's biased Judges, and your fiance has been unfortunate enough to end up with one of them. The ONLY hope he has now is:
1. No matter what it costs, he NEEDS to hire an attorney. Without one, the Judge has already sent a very strong message that the alimony will be increased no matter what.
2. He needs to make very sure to hire a court reporter to have the hearings recorded so that he'll be able to file an appeal after the final hearing if he needs to.
deecopperpot
Member
Documents-for Gracie
Thanks for your advice. Oddly that afternoon the lawyer calls and says he had a settlement to fax. We told him to mail it. Odd he needed that tax return but was willing to settle without it. We have it now. The ex even took it to fed ex and overnighted it. Think he is shaking her down for money now as she had to pay half the attorney fees at the hearing. The settlement was he wanted 17% more alimony and an increse in the life ins policy. We will go to court if we have to as if he pays any more she will return every year. He is making less than when he was divorced and he will present well. He has a good friend who is an attorney but not family but his group is also helping with advice now.
The court reporter is a good idea and i will advise him. He also spent an
afternoon re reading the entire court folder for original divorce.
If the judge is in bed with the lawyer no matter who he has he will not win.
Thanks for your advice. Oddly that afternoon the lawyer calls and says he had a settlement to fax. We told him to mail it. Odd he needed that tax return but was willing to settle without it. We have it now. The ex even took it to fed ex and overnighted it. Think he is shaking her down for money now as she had to pay half the attorney fees at the hearing. The settlement was he wanted 17% more alimony and an increse in the life ins policy. We will go to court if we have to as if he pays any more she will return every year. He is making less than when he was divorced and he will present well. He has a good friend who is an attorney but not family but his group is also helping with advice now.
The court reporter is a good idea and i will advise him. He also spent an
afternoon re reading the entire court folder for original divorce.If the judge is in bed with the lawyer no matter who he has he will not win.