RE: Judgement for Downward Modification CS

[jmj377]

RE: Judgement for Downward Modification CS

What is the name of your state? FL
My ex-husband successfully received a downward modification of childsupport over a year ago from almost $1300/mo. to $83/mo. for two children. The judgement was based upon lies and deceit and was devistating since the judge turned the tables and actually made me out to be the uncooperative one stating that my ex. had the ability and desire to watch the children during the day due to his work from home.
End result: 40K in arrearages were wiped clean including any childcare expenses and he continues to get away with more and more. At the time, I was told if would cost at least $5,000 to appeal. Since then, I have found out more info. that shows his tax returns were inaccurate and that he did indeed benefit from the childcare which I ended up solely paying for. Question: Under what circumstances can I go back for an appeal? Fraud? Is this hard to prove? Or should I consider a re-evaluation based upon information I have that has gone unreported. This might require a P.I. and also hiring an accountant to show tax returns inaccurately filled out. I do not have the financial resourses to pursue much more. What about a tip to IRS? Would they spend the money to investigate this? Any suggestions? Frustrated in FL

 

[luckymom]

If in fact you believe you can prove he should be paying substantially more, that $5000 seems like an awfully good investment. Can you borrow from a family member or take out a second mortgate? Neither is appealing, I'm sure, but $83 is awfully low by any standard. Does the ex have no income?

 

[jmj377]

My attorney was unable to prove that my ex-husband actually had a second job, one which pays him mostly cash. He convinced the judge that due to 9-11, his primary job (not really) insurance sales, took a major hit due to the economy. The judge bought his story hook, line, & sinker. Yes, he has a college degree, and is totally able bodied, and no, he did not have to show any effort to finding any other work whatsoever. Question: is it too late to appeal? I was told I need to find "new" evidence, not available to me before or to prove "fraud" which I was also told is not easy to do. Help!

 

[luckymom]

I don't know about whether you have grounds for appeal. I think you have to prove that there was some kind of legal error involved in the proceedings.

I can't help but feel that your lawyer didn't do his best by you. How aggressive was he during the discovery process? Did he argue that your ex was underemployed? My ex successfully reduced child support 2 years ago arguing that he had lost his job. (He had, but was working and being paid under the table.) I waited two years in order to be able to file again. My lawyer succeeded in proving 1) that he was making substantially more than he had reported 2 years before 2) that he could be making more, but chose to work for his wife who was paying him substantially less than would another "independent" employer. My support was raised substantially.

 

[jmj377]

Thank you for your quick response. You are 110% correct about my former attorney. Unfortunately, I thought I was getting a deal by doing a trade for services. The only deal I got was a raw deal. My counsel did almost no cross-examinations, did not submit valuable calendar evidence on my behalf, offered no witnesses, didn't pursue P.I. work when I suggested it, didn't pursue inaccurate tax returns despite my accountant pointing out that they wouldn't stand up in court, and didn't subpeona any of my leads, stating that they would just lie for him, etc. etc. I actually felt that she sympathetized with the other side. My mistake for not trusting my own gut. And of course, she still says I owe her over $7,000.00. For what? Every time I had a problem, she would not pursue it.

I probably have a case against the attorney but at this point only want to correct the problem not continue to place blame. Does anyone have any suggestions on how I can overturn this judgement or should I simply attempt to have the situation re-evaluated. I guess I'm supposed to wait 3 years or show 15% increase in his earnings. Well 15% of $83/mo. is a mere $12.50 more a month. That shouldn't be hard to do.

 

[luckymom]

Before I found my current lawyer, I had a terrible one, who I felt completely mishandled my case. I was so angry I wrote a letter to the state bar association outlining what had occurred and sent a copy to her. In the end, she agreed to write off $5000 of my bills!

Don't know if this would work in your case, but it might be an approach that would allow you the means to hire another lawyer and go forward.

One thing I've learned--not all lawyers are created equal, choose with care!