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purr Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Apr-26-05 09:29 AM
Original message
Anyone know anything about family law?
Scenario:

Husband has ex from hell.. he has custody of son. We took her out for child support last year, shes pissed so filed for modification for custody. Psychologist said shes wacky and for a review in 6 mo and no change in custody.

Shes been taking us back to court every month to every other month. Is there a way we can get her to start paying our attorney fees? I cant keep paying for an attorney like this with me off of work and pregnant. I find her lawsuits excessive and a waste of the courts time.

Every time she takes us its for something stupid and nothing gets resolved.. - meaningless contempt charges that she caused herself and blames us???

This time, she filed for a modification of child support (i think) only a month after being found in contempt for non payment. So yet another attorney payment coming.

I'm in Pennsylvania and wondering if this is a realistic option.. and if its hard to obtain.

Theres a lot more to this wack-job but I just summed it up briefly.

Thanks :)
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Madrone Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Apr-26-05 09:41 AM
Response to Original message
1. purr
go to http://www.deltabravo.net

It's a site that will give you all the information you need, and then some. Good luck!
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purr Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Apr-26-05 09:42 AM
Response to Reply #1
3. I seen that site...
I guess I'm wondering if anyone had any personal experience with this and a psychotic ex from hell..
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MissMillie Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Apr-26-05 09:41 AM
Response to Original message
2. Is there any way
when this next child support modification review comes up that you can add a stipulation in the agreement that reviews will only happen once or twice a year?
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purr Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Apr-26-05 09:43 AM
Response to Reply #2
5. Problem is..
she never agrees to anything... it always has to go to trial. I'll write that down for my husband.

I mean enough is enough!! ugggh..
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katmondoo Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Apr-26-05 09:43 AM
Response to Original message
4. It may help to involve the State Family Social Services
My son had a whacky wife. It took the Social Services and the court to give him custody of the kids. It is a long hard road though.
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purr Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Apr-26-05 09:45 AM
Response to Reply #4
7. We have custody of him..
Shes been found to be an unfit mother.. I'm talking about this excessive litigation because she cant get over the fact. She told the psychologist 'she gave up custody to my husband because she wanted to make his life hard'. Now.... by my thought process I'd think that was enough to say she didnt want him and signed over custody.
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curse10 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Apr-26-05 09:44 AM
Response to Original message
6. Um- you should really take this issue to your attorney
as a future attorney- and one who will practice family law- no one should be giving you legal advise over a message board.

Courts award attorneys fees for all sorts of reasons- but the attorney has to ask for it. It isn't just magically given. And some attorneys just don't like employing this strategy because, frankly, it's not fun.

Next time you have to go into court ask your attorney about it. And if your pro se? Not gonna happen.
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purr Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Apr-26-05 09:46 AM
Response to Reply #6
8. We do have an attorney...
shes out of town for the next week on vacation. I'm just at my wits end :(

As far as attorney fees, I'm saying having her pay for my attorney (200/hr) to go to court because she wants this.. or she wants that.. which she NEVER gets.

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Floogeldy Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Apr-26-05 02:02 PM
Response to Reply #8
14. Curse10 is correct
Generally speaking, if your husband's ex is filing frivilous motions or engaging in vexatious litigation, your attorney should apply to the court for an award of attorney fees. But there is no guarantee that you will get them.

PS: This is not dangerous Internet information. OF COURSE you need to talk to your attorney about this. Why haven't you already?

I hope everything works out favorably for you.

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purr Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Apr-26-05 02:16 PM
Response to Reply #14
16. Shes on vacation :)
Brought it up to her before and she said its tough to get.. but that was last year.. been thinking of doing it again.

I'd love to become an attorney.. but not family law.. this is giving me a headache from hell :)
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LynneSin Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Apr-26-05 09:48 AM
Response to Original message
9. Best advice for family law is probably not to get advice from
here even though all of us mean well and hope you get this issue resolved. You need to address these issue with your attorney and if he/she refuses to do anything find a new one who will

Good Luck
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purr Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Apr-26-05 09:50 AM
Response to Reply #9
10. I know....
just looking to see if theres anyone out there with experience in this.. our attorney is out of town for a week on vacation and we're getting yet another subponea in the mail today.
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Bunny Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Apr-26-05 10:16 AM
Response to Original message
11. Hi purr - check your PM.
Good luck with this!
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purr Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Apr-26-05 02:17 PM
Response to Reply #11
18. ty! replied :)
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shanine Donating Member (322 posts) Send PM | Profile | Ignore Tue Apr-26-05 10:32 AM
Response to Original message
12. http://www.divorcenet.com/
I used to use this site frequently . . and found it very helpful. Good Luck!!
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Rainbowreflect Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Apr-26-05 10:37 AM
Response to Original message
13. I sent you a PM that might help.
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purr Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Apr-26-05 02:17 PM
Response to Reply #13
19. ty!! got it :)
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miss_kitty Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Apr-26-05 02:07 PM
Response to Original message
15. Sorry about your situation.
on the up side, it sounds like your stepson is lucky to be with you two.
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purr Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Apr-26-05 02:18 PM
Response to Reply #15
20. Yeah.. shes also making it hard on him
by trying to brainwash him.. the court appt. psychologist even stated that in his findings.. so hes going to be the one getting hit the hardest. Money is one thing... but for what shes doing is going to hurt her son worse than us.
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philosophie_en_rose Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Apr-26-05 02:17 PM
Response to Original message
17. Sometimes the nuisance factor is the real purpose.
However, you may want to ask your attorney about the ex paying attorneys fees and about whether arbitration might be a more reasonable and less expensive course.
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purr Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Apr-26-05 02:19 PM
Response to Reply #17
21. I think thats her whole plan..
to make our lives difficult.. when she can pawn her other 2 kids off and tramp around town. sigh.. If I didnt have morals and ethics...
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