kevinsgirls06
recently joined
Reged: 01/08/08
Posts: 5
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Hello all...I'm new here. I myself am going through a divorce, however, this isn't about me. I have been dating a man who is freshly divorced himself, and his ex is a TERROR. They have a 50-50 split with their daughter. The settlement stated that he must have their child placed in a certified daycare, and to refinance his truck to take her name off of the title. The judge ordered that their daughter MUST start school in HIS school district. The divorce was finalized in Sept. and he had completed this by the end of Oct. A few days after his lawyer submitted the proof to her attorney, they filed a Motion of Contempt (?). I believe it was removed, however she's up to her tricks again. NOW she had her attorney file another motion regarding the health insurance and his physical address. His company just switched insurance in the very beg. on January, to which he provided her with a copy of what company they would have, explaining that the cards would soon follow. The settlement does not require his address to be provided to his ex, as they have a safe pick up/drop off point for their daughter. She does not work. Claims to live with her parents, however, their daughter says that "mommy is always up by [censored]" who lives 3 hours away. I know that she's trying to prove that my bf is not living in the school district, yet doesn't realize that the school district she must be placed in has open enrollment.
My questions are: Can she be held responsible for all the legal fees due to such petty complaints which have been addressed? I am trying to be impartial here, but it seems like harassment. It's only the 8th of January, and she's already complaining about the cards.
Also, is there any way to get the custody agreement changed since she abandons her child with her parents to spend time with her boyfriend? I understand that proof is needed.
Any help would be appreciated. She is putting my bf in the poor house with all of these attorney fees.
Thanks-Heather
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PIGSFly
journeyman
Reged: 09/28/07
Posts: 67
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Yes, the ex can be ordered to pay attorney fees.
Yes, there are ways to get the custody agreement changed.
Of course, only when pigs can fly...if the person is a male asking for this.
No offense, but it is NOT you that should be here. This is a Men's Rights forum. So, the man of the household/in your life needs to be here and not you.
If he does not care enough to be here, then in my humble opinion, he does not care enough.
So, tell your man that supposedly wants to get this wench off his back to read this site from the first post forward made my SuperEric (very first post of this site). Have him ignore the feminazi PIG crap to discourage others from learning and doing.
When he is done, the answers to your questions and circumstances will be revealed. And, once he is done, have him e-mail SuperEric (left click on his name and then left click on his e-mail address). But, only when he is truly ready to fight the atrocities and not just looking for a "quick fix."
While he is at all of this reading of this site, be sure to have him buy Baskerville's new book: Taken Into Custody. This will help him (and you, if you read the book) more than he can ever understand at this juncture.
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Runswithscissors
Carpal \'Tunnel
Reged: 05/29/04
Posts: 13381
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Since I was 'invited' over here by E R I C, I thought I would respond to your question. It's been about two months since I've posted here and I would be more than happy to help.
My questions are: Can she be held responsible for all the legal fees due to such petty complaints which have been addressed? I am trying to be impartial here, but it seems like harassment. It's only the 8th of January, and she's already complaining about the cards.
---------------->Can she? Yes. However from what I am reading, she has not done anything yet... so you are putting the cart before the horse. If she does file, seek an attorney and answer and counter. In the answer, your BF will have to ask for the fees.
Also, is there any way to get the custody agreement changed since she abandons her child with her parents to spend time with her boyfriend? I understand that proof is needed.
---------------->Yes, but not with the action you are speaking of. He will need to do a sep. action. Furthermore, unless there is an Order for First Rights refusal- her parents keeping the children is not nec. a bad thing. You will have to show cause on whychanging custody or asking for additional time is for the best interest of the children and staying with grandparents doesn't normally fall under this. There needs to be a substantial change of circumstance in order to change custody. Unless grandparents are criminals or are abusing the children, it's going to be somewhat difficult.
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WhosTheCutest
enthusiast
Reged: 08/20/07
Posts: 285
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Caroline dearest...
If you are going to troll the Men's Rights forum and pretend to give "sound advice," would you please state something different than the members of F_IRM?
At least the poster was given a means and a way to understand her boyfriends plight and what to do about it (if they bother to follow up on the leads).
You? Just repeat what F_IRM members state with different words is all.
Are you a "victim" for having the truth plainly stated? Well of course you are (in that feeble little, puny brain of yours, anyhoos).
--------------------
Who's The Cutest?
That hater and slayer of feminazi PIGS!
Off with their freak'n heads!
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Runswithscissors
Carpal \'Tunnel
Reged: 05/29/04
Posts: 13381
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E R I C
I actually gave more information... I explained the change of circumstance, etc.
You instead insulted her. But of course, you are MUCH more helpful.... >eye rolls<
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Superman
journeyman
Reged: 11/02/07
Posts: 91
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If you are going to troll...caroline...
Stop lying. It is so self-evident.
I know you are doing your damnest to squeak by, but you are really embarrassing yourself.
Try the next thread, cutey... ;)
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Runswithscissors
Carpal \'Tunnel
Reged: 05/29/04
Posts: 13381
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Someone needs their medication.
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StupidWomen
enthusiast
Reged: 09/21/07
Posts: 201
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I couldn't agree more...
Where the hell did we all put that 30 pack anyhoos...
Silly women. They can't disprove anything so they do what they have always done: denigrate.
How cute.
How quaint.
How typical feminazi piggish of them!
:)
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Stupid Women should be gagged!
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Melody
Carpal \'Tunnel
Reged: 06/02/04
Posts: 10102
Loc: California
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needs to grow up and stop hiding his address. If he wants his child to attend school in his district, then he had best give his address to PROVE what district he lives in. If he takes the matter to court, he's going to look like an ass for not providing an address. The mom is going to be able to say, Your HOnor, I WANTED to follow the orders, but Mr. Dumbass wouldn't tell me where he lived so that I could enroll the children in the correct district. As for the health cards, sure...they may take a little while to arrive. However, the insurance is in effect already and she should have been provided with the name of the insurance, a policy number, provider list, etc....since the children could need treatment BEFORE the cards arrive. Why withhold the information? It will only make your boyfriend look like an uncooperative parent.
As for the mom not working...well, she isn't obligated to work. She is entitled to live with her parents if she so chooses...and she is certainly entitled to go off and visit whomever she pleases.
As for your questions, Either one of them could be held responsible for legal fees....depending upon which one the judge views is being uncooperative. From what you've described, it sounds more like your boyfriend should step up and provide the information that is needed. Yes it's January 8, but if the new insurance is in effect and he still hasn't provided her with any information, she is certainly entitled to inquire about it. How many times a day has she asked? You haven't described anything that would meet the legal definition of harassment.
As for the custody agreement, I doubt very seriously you can get it changed so that the grandparents are not allowed to babysit. During her parenting time, she can do as she pleases. Unless the grandparents post a serious threat to the safety of the children, there's no cause for concern. BTW...it's not abandonment...you're being overly dramatic.
What the heck fees are you talking about? What has been filed? You're talking about going back to court yourself? Did you think it would be free?
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Maury
Carpal \'Tunnel
Reged: 06/02/04
Posts: 8146
Loc: This Asylum --->
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As you may already know, divorce proceedings can span months and even years. Complicated cases and even seemingly simple cases may take on a life of their own increasing legal fees related to the proceedings. As a result, one of the most common questions in a divorce is how does one pay their legal fees.
Use of Assets
It is generally acceptable for parties to liquidate marital assets in order to pay their legal fees. that use of assets must be disclosed as part of the divorce proceedings and may generally be considered an advance against any future property or financial settlements as part of the divorce.
Awards of Legal Fees
In some cases, liquid assets do not exist or are inaccessible to one party making it impossible to use an asset to pay legal fee retainers or monthly legal fees. . In such cases, a party may seek an award of legal fees from the other party.
At any point in a dissolution, a Court may also require one party to pay all or a portion of the other party's legal fees. The Court can award attorney's fees on one of two basis:
Need Based
Fault based
Need based legal fees may be awarded in an amount necessary to enable a party to carry on or contest the proceeding, provided that the Court finds:
that the fees are necessary for the good-faith assertion of the party's rights in the proceeding and will not contribute unnecessarily to the length and expense of the proceeding;
that the party from whom fees, costs, and disbursements are sought has the means to pay them; and
that the party to whom fees, costs, and disbursements are awarded does not have the means to pay them.
Fault based fees may be awarded if the Court finds that one party has contributed unreasonably to the length and delay of the legal proceedings and thus increased the fees, costs, and disbursements related to the proceedings. Some examples of delays where fees are awarded may include:
a failure of one party to provide complete and necessary discovery responses;
filing of repeated or frivolous motions;
failure of a party to appear in court;
failure of a party to file necessary and required court documents (this varies from State to State);
acts by a party that create additional legal costs (eg. hiding, selling or dissipating assets, damaging property, incurring unnecessary debt in the other party's name, harassment of a party, abuse).
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