Start Your Divorce Today - Premium Divorce Online


Divorce Source Community Forums >> Child Support

Jump to first unread post. Pages: 1 | 2 | >> (show all)
AnneB
Carpal \'Tunnel
**

Reged: 09/21/05
Posts: 3645
M5M5
      #178666 - 12/19/06 05:50 PM

What is happening with your H's motion to vacate, motion for new trial, etc.? You haven't posted or I have missed it! What is the next step?

Post Extras: Print Post   Remind Me!   Notify Moderator  
M5M5
Carpal \'Tunnel
**

Reged: 07/29/05
Posts: 11819
Re: M5M5 [Re: AnneB]
      #178788 - 12/20/06 12:17 AM

Well I posted a few days ago on the stepfamily forum. We haven't filed anything yet. DH went to the library last week and couldn't find the forms for a motion to vacate. We are going again on Thursday..we are trying to figure out if it's called something else here. He also had the librarian help him and they both couldn't locate one of the legal forms books. So..hopefully it will be there on Thursday. He did find the motion for a new trial.

He also has an appointment with an attorney on Thursday (I think) for a free consultation...just to gather info on what steps we need to take (and hopefully they will know the appropriate form we need to have for a vacate).

Trying to get all our ducks in a row. The atty he contacted that does pro bono work told him that he only handles criminal cases but will check around and see if anyone he knows will take on a family law case.

I've also searched online and can't find any Motion to vacate forms for TN. Does anyone know of any sites to recommend? I'm afraid of filing a form that is unheard of in our court lol.


Post Extras: Print Post   Remind Me!   Notify Moderator  
jsp
Carpal \'Tunnel
**

Reged: 09/30/05
Posts: 4197
Re: M5M5 [Re: M5M5]
      #178848 - 12/20/06 07:08 AM

You probably have, but have you talk to your husband's clerk friends... they might know the form. Good luck with the attorney - hopefully this one will be better. I just don't get how the judge has done everything he has, including allowing your attorney to drop you right before a court hearing.

Post Extras: Print Post   Remind Me!   Notify Moderator  
M5M5
Carpal \'Tunnel
**

Reged: 07/29/05
Posts: 11819
Re: M5M5 [Re: jsp]
      #178852 - 12/20/06 07:12 AM

He did ask the clerk but she didn't know either...figures. This isn't the first time the judge has let attornies drop other ppl right before a court hearing (as long as they have sufficient time to get another one before the hearing) before..alot. Now..I really do like this judge...especially after he put BM in jail..really like the guy =) I just think he did what he did because he didn't know the whole story..didn't get to hear both sides and God only knows what happened in the court room that convinced him to decide the case when we were not even on the docket and DH was not in the room.

Post Extras: Print Post   Remind Me!   Notify Moderator  
jsp
Carpal \'Tunnel
**

Reged: 09/30/05
Posts: 4197
Re: M5M5 [Re: M5M5]
      #178856 - 12/20/06 07:18 AM

M5, liking a judge and the judge doing things properly are two different things... I can like a lot of people, but if they don't do their jobs, etc. what good is liking the person. Yes, he put mom in jail once, but look at the outcome of what happened recently. For me, I'd think its time for a judge change and an attorney change. A judge should not be allowing an attorney to drop based on imediate non-payment given he just accepted you as a client. It's one thing if you had a huge bill, but you didn't and he should have stuck with you through at least the court hearing. To me that is very unethical!

Post Extras: Print Post   Remind Me!   Notify Moderator  
M5M5
Carpal \'Tunnel
**

Reged: 07/29/05
Posts: 11819
Re: M5M5 [Re: jsp]
      #178861 - 12/20/06 07:25 AM

Oh I agree with you there! We just had the elections for the judge ealier this year, so he will be on the bench for a while lol. He's been on the bench for like 20 years I think.

I agree with you about the attorney too. He didn't give us enough time to come up with the money..he was wanting almost 2K within a month.


Post Extras: Print Post   Remind Me!   Notify Moderator  
Gecko
Carpal \'Tunnel
**

Reged: 06/01/04
Posts: 20366
Loc: Third rock from the sun
Re: M5M5 [Re: M5M5]
      #178968 - 12/20/06 11:16 AM

As I told you before...there is no "form" for a Motion to Vacate.

Type "motion to vacate" into your search browser...it will pull up many EXAMPLES and THAT is what you base YOUR MTV on.

And I offered to help ya'll...Gecko might be a mean b1tch sometimes, but she does know her stuff. I ran a legal document preparation service for 6 years plus I have worked for attorneys.

--------------------
If you air your dirty linen in public, expect people to comment on the skid marks!


Post Extras: Print Post   Remind Me!   Notify Moderator  
Debbie_L
Pooh-Bah
*

Reged: 06/06/05
Posts: 2031
Re: M5M5 [Re: Gecko]
      #178970 - 12/20/06 11:29 AM

I would take Gecko up on her generous offer. You need all the help you can get at this point. Good luck.

Post Extras: Print Post   Remind Me!   Notify Moderator  
Melody
Carpal \'Tunnel
**

Reged: 06/02/04
Posts: 10102
Loc: California
Plus...I think you're running out of time [Re: Debbie_L]
      #178975 - 12/20/06 11:48 AM

PM Gecko and let her help you draft an appropriate document ASAP! Otherwise you're going to have to wait until next week to deal withthis!!!

Post Extras: Print Post   Remind Me!   Notify Moderator  
jil_stevens
Carpal \'Tunnel
*

Reged: 07/31/06
Posts: 3893
Re: Plus...I think you're running out of time [Re: Melody]
      #179049 - 12/20/06 02:00 PM

Yes, Gecko is good with this stuff. And don't worry about using the "right" form, you really just need any form, you can make one on your computer, put the heading on, and then call it a motion to vacate, and go from there.

Post Extras: Print Post   Remind Me!   Notify Moderator  
M5M5
Carpal \'Tunnel
**

Reged: 07/29/05
Posts: 11819
Re: Plus...I think you're running out of time [Re: jil_stevens]
      #179055 - 12/20/06 02:12 PM

I must have misunderstood! I guess I'm just afraid of filing something unheard of in our court lol.

Yes I know Gecko is good at this stuff..she has helped me before.


Post Extras: Print Post   Remind Me!   Notify Moderator  
jsp
Carpal \'Tunnel
**

Reged: 09/30/05
Posts: 4197
Re: Plus...I think you're running out of time [Re: M5M5]
      #179098 - 12/20/06 04:48 PM

The use Gecko advice is a good suggestion - we may not agree with everything she has to say, but she is very good at this stuff (and my vote is still she becomes a lawyer).

Good luck M5 - its really ashame what your husband has to go through and he's very lucky to have a wife like you.


Post Extras: Print Post   Remind Me!   Notify Moderator  
M5M5
Carpal \'Tunnel
**

Reged: 07/29/05
Posts: 11819
Re: Plus...I think you're running out of time [Re: jsp]
      #179107 - 12/20/06 05:07 PM

I always intended on taking Gecko up on her offer of help lol. I was just hoping to find some forms to go by first. I can't seem to find info online about our situation...like..while it's a judgment, it's a family law case; post divorce, seperate from custody and child support. And I'm worried that they may not handle the case/situation the same as they would in civil court. It's just a really confusing situation and I can't find any case law..anything at all in regards to a situation like ours. It sucks. And I could be worrying needlessly.

Post Extras: Print Post   Remind Me!   Notify Moderator  
jil_stevens
Carpal \'Tunnel
*

Reged: 07/31/06
Posts: 3893
Re: Plus...I think you're running out of time [Re: M5M5]
      #179115 - 12/20/06 05:30 PM

A judgment is a judgment though. Is it still under the old case number from the divorce? Let me check our online forms for the court house and see what i come up with. If I find something I will PM you with it.

Post Extras: Print Post   Remind Me!   Notify Moderator  
M5M5
Carpal \'Tunnel
**

Reged: 07/29/05
Posts: 11819
Re: Plus...I think you're running out of time [Re: jil_stevens]
      #179118 - 12/20/06 05:38 PM

Yeah it's still the same case file out of 4th circuit court.

Post Extras: Print Post   Remind Me!   Notify Moderator  
jsp
Carpal \'Tunnel
**

Reged: 09/30/05
Posts: 4197
Re: Plus...I think you're running out of time [Re: M5M5]
      #179120 - 12/20/06 05:41 PM

[quote]I always intended on taking Gecko up on her offer of help lol. I was just hoping to find some forms to go by first. I can't seem to find info online about our situation...like..while it's a judgment, it's a family law case; post divorce, seperate from custody and child support. And I'm worried that they may not handle the case/situation the same as they would in civil court. It's just a really confusing situation and I can't find any case law..anything at all in regards to a situation like ours. It sucks. And I could be worrying needlessly. [/quote]

That's why you really need an attorney. How did your appointment go with the attorney you mentioned you were interviewing with? Have you tried calling the bar association or local law schools to see if anyone will do it reduced rate/probono. We were very lucky and the attorney we used only charged $125 an hour and was very reasonable. We're hoping to use her with the adoption stuff if we adopt out of California.

But, be careful... I agree, you only have so long to appeal, so don't wait and miss your window.


Post Extras: Print Post   Remind Me!   Notify Moderator  
M5M5
Carpal \'Tunnel
**

Reged: 07/29/05
Posts: 11819
Re: Plus...I think you're running out of time [Re: jsp]
      #179126 - 12/20/06 05:50 PM

The appt with the pro bono atty didn't turn out well because he only does criminal law. Haven't heard back from him yet..he is supposed to be checking around to see if anyone he knows will take on a pro bono case for family law.

DH will be speaking to an atty tomorrow (free consultation) to find out what steps need to be taken..if we are on the right path so to speak about this.

We did contact our local bar association..they have a pro bono program. Haven't heard back from them yet...but the chances of someone taking us on thru them is slim because of the volumn of ppl that use it that are in worse financial shape than we are (from what the chic we spoke with said).


Post Extras: Print Post   Remind Me!   Notify Moderator  
Gecko
Carpal \'Tunnel
**

Reged: 06/01/04
Posts: 20366
Loc: Third rock from the sun
Re: Plus...I think you're running out of time [Re: M5M5]
      #179179 - 12/20/06 08:15 PM

Sent you a draft of a Motion to Vacate Default Judgment and a blank Affidavit in Support of Motion to Vacate Defualt Judgment.

Fill it the best you can with the events from the receipt of court date notice to what happend on December 1st from the time he arrived to the time he left. Be as detailed as you can with time and with names of persons hubby spoke to. Don't worry if it's jumbled or not pretty...that's my job.

I'm going to hold on the Motion for New Trial until after this Motion is accepted or rejected.

--------------------
If you air your dirty linen in public, expect people to comment on the skid marks!


Post Extras: Print Post   Remind Me!   Notify Moderator  
M5M5
Carpal \'Tunnel
**

Reged: 07/29/05
Posts: 11819
Re: Plus...I think you're running out of time [Re: Gecko]
      #179217 - 12/21/06 12:10 AM

Ok...I hope he can remember the clerks name without having to go down to the court house again and ask her lol. I know which clerk it is..an older lady..but have no idea what her name is. There is another clerk down there whom sympathizes with us too, but I'm not sure if she helped him that day or not. I'll have DH write out everything he remembers for that day since he has the entire day off.

The baliff is the same baliff they have every day..we don't have to name him do we? lol. I have no idea what his name is.

Thanks!!


Post Extras: Print Post   Remind Me!   Notify Moderator  
Gecko
Carpal \'Tunnel
**

Reged: 06/01/04
Posts: 20366
Loc: Third rock from the sun
Re: Plus...I think you're running out of time [Re: M5M5]
      #179300 - 12/21/06 10:32 AM

It is VERY important to have the names of the people you spoke to. It adds legetamacy to your claims that you spoke to certain people.

--------------------
If you air your dirty linen in public, expect people to comment on the skid marks!


Post Extras: Print Post   Remind Me!   Notify Moderator  
Pages: 1 | 2 | >> (show all)



Extra information
0 registered and 25 anonymous users are browsing this forum.

Moderator:  dsAdmin 

Print Topic

Forum Permissions
      You cannot start new topics
      You cannot reply to topics
      HTML is disabled
      UBBCode is disabled

Rating:
Topic views: 4153

Rate this topic

Jump to

Contact Us Divorce Source Home

*
UBB.threads™ 6.5.1.1


Resources & Tools
Start Your Divorce Online Start Your Divorce
Several Options to Get Started Today.
Divorce Tools Online Divorce Tools
Keeping it Simple to Get the Job Done.
Divorce Downloads Download Center
Instantly Download Books, Guides & Forms.
Divorce and Custody Books Discount Books
Over 100 of the Best Divorce & Custody Books.
Negotiate Online Negotiate Online
Settle your Divorce and Save.
Custody and Support Tracking Custody Scheduling
Make Sure You Document Everything.

Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
Enter Your Zip Code: