harrassing lawsuits by ex

[karen3]

What is the name of your state? louisiana

My ex just filed an objection to my status of "in forma pauperis".
This is ridiculous and he knows it and so does his attorney.
I am deeply in debt, largely from attorney's fees and have been representing myself in court for some time now.

His "discovery" asks for information back to include the last year we lived together and he knows that I didn't work and had no funds. It asks for grocery receipts for a year, gas reciepts, hair appointment reciepts, etc. I don't keep receipts of this kind.

Will the judge think I'm lying about my expenses? All I put down on my informa pauperis schedule was that I paid $200/month for food and now I know that was underestimated.

It also asks me to produce a "lease" between my mother and myself showing that I have agreed to pay her $300/month rent plus utilities. I have agreed to this but can't always afford to pay her. I've done odd jobs around the house to earn my keep plus worked when I could get it. BUT I DID NOT SIGN A LEASE WITH MY MOTHER, just a verbal agreement.

Its all to make me go to court and they probably want me to try and get an attorney, which I won't cause I can't afford one.

I'm thinking about filing a lawsuit against him and his attorney for harrassment. They know I'm not able to pay to prosecute a lawsuit against my ex and hope to get my informa pauperis thrown out so I'll have to give up.

What are my chances in filing a frivious lawsuit against him.

What can I do about not keeping reciepts?
The lease?
I don't even have a bank account because my ex ruined my credit and the bank wouldn't give me one.

Help,
Karen3

 

[darlene59]

I'm so sorry

And I thought I had it bad. I 'm sorry this reply is not to give you advice, it's just to say you will be in my thoughts. I personally believe people like your ex create thier own fate by their evil selfish actions. He truly must be an unhappy man to spend his time and money trying to hurt you.
I don't know legally what you should do but I hope you get good advice from someone...I DO know that whatever happens hold your head high and try not to let him know he's getting to you, your pain will only feed his intentions.
I wish you luck and blessings!!
Nan

 

[karen3]

Thanks for your good wishes

Thank you for your good wishes, Darlene. It brought tears to my eyes when I read it. I've been thru the worse hell with this man.
I just wish I could get some help without it costing so much.

When we were married, I made the mistake of staying home and being the now vilified "housewife". At 51, with little skills, I am at a crossroad in my life.

Am planning to go back to school to get a marketable skill but will not allow my ex to just walk away after he took everything and destoryed my future.

At least I have the children. They don't speak to him and I think it so sad. He's missing so much. We have three grown kids, two grandkids and my baby and only daughter is expecting in November. Wow, he's missing so much.

I thank God I have them. Its a reconfirmation of my worth.

Karen3

 

[ellencee]

karen3

Will you please clarify at which stage of divorce, alimony, division of property, etc. these issues are arising?

Has anything been resolved in this matter of divorce? Are there any court orders pertaining to the dissolution of the marriage?

I am not understanding why you, who provided homemaking benefits for the family and were not expected to work, are not receiving alimony, a home in which to live, equitable property division, and reasonable child support from your 'ex' who left you and took everything.

If the lack of an attorney to present legal remedies to the court and to provide the court with reason to grant you the relief that you seek, is the cause of this on-going action, I encourage you to find a way (Mom, maybe?) to get an attorney and go to court, represent the legal issues and seek relief (including 'ex's' paying of your legal fees).

The courts become irritated and negatively impacted by non-attorneys petitioning the court or defending a petition to the court. Patient judges will explain and lead the procedures, to an extent, and will explain why certain issues are not relevant and such. Impatient judges will rush through the procedure and hand the opposing side, who is represented by an attorney, a speedy and affirmative decision. I'd say that so far, you have been fortunate in having a patient court; otherwise, this would already be over.

Ideally, I hope it possible for you to secure the services of the most agressive, winning-est, attorney in your area. If that really isn't going to happen, you need to make a list of what your expenses are presently, and what you were used to being provided by your ex. The court will know what are reasonable expenses and what aren't.

ps--making a typo in the message stunned me to the realization that one must be sure not to run together the words 'who' and 'represented'!

 

[karen3]

ellencee, Thanks for the advice. I probably will take it.
As far as what stage we are in with this process, here goes:

He left in Jan 2000 saying he was fed up with the marriage and unhappy. 5 weeks later I discovered the "other woman" whom he had met 4 months before in a bar. We were divorced in Sept.2000 and he remarried a month later.

In LA you have to be "free from fault" in the breakup of the marriage and that's where he got me. I tried to prove adultry since I could prove that he had another relationship during the marriage but did not have the Legal Proof. Just had phone records, hotel records, reciepts for flowers, even statements from his secretary, but the court said it was not enough.

With enough of his family testifying as to my "horrid" disposition, we were found mutually at fault! Just a note here that my ex's lawyer was the judges former law clerk . It was a joke. I do have an appeal which is being written as I write this.

Meanwhile, also in LA you get a year of support without much trouble and I was awarded that. Its a percentage of his salary and based on the lifestyle lived prior to divorce. I received $1500/month and he stopped paying after 5 months and i've had to continually bring him back to court to get each month he owes.

He claimed $55000 income when corporation paid his credit cards bills, and for the car, the plane, the hunting club,
the health club, etc. .

He is a CPA and did all our tax returns and I just signed and he took it to the office to complete. I never knew his real income. He just told me to "not worry" when I asked. I figured he earned around $100,000. But after having a friend/CPA examine his company's books , it was more like $200,000 and he committed innumerable counts of tax fraud, embezzelment, etc.

Right after our first hearing for support, he transferred all the assets of the co. to his brother thru a greatlly underpriced lease, destroying the co. and my assets. The company is in bankruptcy and being sued for the lease. We had sold our home several years before and were leasing and planned to build. He stole the equity of $50K when he left and I've never been able to locate it.

My ex moved to the hometown of his new rich and not very good looking wife (some consolation) and is living the high life with her paying for his lifestyle. He is underemployed actually working for his wife's friends.

He's declared personal bankruptcy and with their pre-nup, he loses nothing but the debt. I'm fighting those discharges based on him running up the credit card debt just prior to ruining the company. He charged to the hilt, stopped payments, since he destroyed his cash cow company and waited a year and 1/2 and filed .

This is too complicated to go on with but I have had 3 attorney's who did nothing but take my mother's money. They saw that she was well off and paying so they took her , very slowly, to the cleaners.

My ex has the best attorney's and even tho he has declared bankruptcy he hasn't missed a beat in trying to get me to stop trying to get some justice.

I do have an attorney who is a friend of my mom's that is taking the case to prove my ex's income was much greater than he stated. This could get me some cash but my mom is losing patience with my ex's attorney's motions and delays that have driven the cost sky high. (5 contempts, and 3 motions to compel have still not been successful in getting the money owed nor the discovery requested.)

I get tired and depressed just explaining all this.

I will try to get a better attorney. Today I did call Legal Aide to see if I could get someone from there to take this suit on opposing my in forma pauperis. It may well be that I can turn it around on him with a "bad faith" filing. Its malicious and gets him nothing to oppose my informa pauperis but it hurts me.

Karen3 I know this is too long............sorry.

 

[Cyana T]

Similar boat + Possible tactic

Hi Karen! Delaware here:

In virtually the same boat: XH remarried to fat, ugly woman of means (hopefully no one will find that physical decription of OW offensive). XH drove small business acquired during marriage into current bankrupt state but hasn't declared business bk yet. Found out that new wife purchased assets likely for a song because of a possible loophole in the purchase agreement that XH and I signed purchasing assets an existing store. XH's lawyer will receive today a "motion to compel" too, since XH refuses to turn over his business records, too. I had no idea that a "motion to compel" is so easy to avoid. Now I am getting shivers. This could push back our settlement for months if not years.

On to possibly helpful advise: in Delaware when one ex-spouse choses to be either is unemployed or intentionally underemployed, the Delaware Family court system relies heavily on the recommendations of what are called "Vocational Specialists". On the recommendation of my lawyer I have retained one. It does not seem to matter ex-spouses*can* find a job or not (referring to answer to one of your posts on another board). The Vocational Specialist will look at what people in similar occupations make currently and will base their assessment on that and other factors such as health of the individual, what individual made in prior years, skill base (in the case of my XH he was either a auto service manager or sales manager during our marriage and his lowest salary was in the low $60Ks). I know that money is a problem for you. I had write a credit card check to pay the retainer. But if this voc spec says XH can make at least 50K, then I have a shot at increasing my CS and possibly getting some alimony too and voc spec thinks she can get even more. That is worth the money I 'gambled" on the retainer. I don't this has to be in conjunction with a court date unless the voc spec has to state the findings to the judge, which in my case I was told may happen because our prop. settlement/alimony hearing is currentally scheduled for 6/25. Is this a possible to hire a voc spec in LA?

Good luck ... Cyana

 

[karen3]

Vo tech specialist

Cyana, Thanks for the reply and sypathy. I don't know if there is a vo-tech specialist in the court system but WILL FIND OUT!
According to the salaries in his area and his CPA education and experience and his title, (he's VP of the company), his salary should be around $150,000.00. I found this info on the NET.

I believe his wife's long time friend and employer is helping this my ex, the poor guy, to hide his income. He claims he is being paid $60K a year. This is Way under his value as a former Price Waterhouse CPA!

I will take your suggestion and find out what the procedure here is for proving that he is voluntarily "under employed" .

Thanks! Karen3

 

[raddadthomas]

Hope this helps

I'm not an attorney and this advice is worthless.

http://www.justicedenied.org/probono.htm

I didn't see louisianna listed, but depending on the city you live there may be a Pro Bono close enough to help.

Sounds like you need to prepare for court. You need an Atty.
Good Luck