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overtherainbow
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Reged: 10/23/04
Posts: 268
Loc: New England
Vocational Evaluator
      #134923 - 08/12/06 08:38 PM

What is a vocational evaluator? I am 55 have not worked in 20 years except some temp jobs had a 20 plus year marriage to an high income person (I stayed home with kids ran the home while he advanced his career. I have a liberal arts degree nothing really marketable. Will the vocational evaluator reduce my spousal support by saying I could make high wages because I had a good job 22 years ago ?? I have a hearing to increase my temp spousal cause the stbx got a raise and a promotion and opposing counsel immediately sent a stip for a vocational eval. which I am refusing to sign beccause I fear it would reduce my spousal and I don't want to go to their evaluator before the hearing. I am also concerned that the evaluator may be a friend of my stbx. Are there any laws about conflict of interest? If Judge or evaluator knows the spouse who requesting the evaluation do they have to disclose that??
A divorcee friend of mine said I should act like I am nuts/ depressed because then they can't reduce spousal. I don't think that is such a good idea because you could end up someplace else :( with a bigger problem . Is it better to wait til after the spousal support hearing and they get a court order for the evaluation or agree to the stipulation to go see the evaluator. Can I request an evaluator that MY attorney picks??


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Miranda
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Reged: 06/02/05
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Re: Vocational Evaluator [Re: overtherainbow]
      #134927 - 08/12/06 08:41 PM

Why are you not a candidate for life time alimony?

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13.1...because I am only half crazy!


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overtherainbow
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Reged: 10/23/04
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Loc: New England
Re: Vocational Evaluator [Re: Miranda]
      #134930 - 08/12/06 08:48 PM

I have no idea. I am not an attorney. The divorce petition opposing counsel wrote asked for spousal support of limited duration. I guess I am supposed to go to grad school and graduate when I am 60 and then work til I am 92 and die. The only people I know who do that are on the supreme court.
Oh and I am divorcing a divorce attorney by the way. You know how they say there are 7 cirlces of hell. Nope. I found an 8th.


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Miranda
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Reged: 06/02/05
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Re: Vocational Evaluator [Re: overtherainbow]
      #134933 - 08/12/06 08:57 PM

I know you are not an attorney but don't you have an attorney? I thought you were on your third lawyer or somethng like that.

You are going to get alimony and it will likely be for a long time, no short duration.

Does he have retirement accounts that should be divided as well?

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13.1...because I am only half crazy!


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overtherainbow
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Re: Vocational Evaluator [Re: Miranda]
      #134949 - 08/12/06 10:19 PM

My soon to be ex is a divorce attorney and his attorney is asking for alimony of limited duration. She is one of the most aggressive divorce attorneys in the state. So I am up against 2 divorce attorneys. I do not believe there is any thing written in stone about the length of spousal support. I believe it depends on judge and in this case Judge is working Mom with 3 kids ( and a nanny) . I am worried I am gonna get screwed on spousal support. I am on second town attorney. I was thiking about getting a third but I decided I would not be able to ask the judge for attorneys fees if I hired a 3rd attorney. 1st was a nimrod that was charging me $350 an hour discussing parenting books with opposing counsel and I found out she went shoe shopping with opposing counsel. Not good.

My second attorney is not very good. I have been actually writing things up in wordfiles which he then cut and pastes and send to opposing counsel.(He doesn't give me a discount. I have even been typing up my legal forms but he still charges me for it. He seems pretty lazy. He never fights her requests. I have been looking up case law myself and giving him the citations and reading divorce law books I am so nervous that he is gonna screw up my case.
He does not seem to have a plan to get me permanent alimony he said that judge does not like to give alimony at all. He said I should agree to the evaluation in a letter but I have not spoken to him and he did not say why I should. I think not until after the spousal support hearing because they would be able to mess with me with the evaluation results in the hearing. This is not a request for permannent spousal this is just a hearing to increase my temp spousal because hubby has gotten several promotions and raises since temp was set a year and a half ago. Permanent is based on temp so I wanted to get the temp support raised.


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matilda
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Reged: 11/11/04
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Re: Vocational Evaluator [Re: overtherainbow]
      #134953 - 08/12/06 10:31 PM

Why don't you find another attorney and get a consultation. You need to find an excellent attorney that will fight for you. You might have to pay for part of the fees, but he/she could save you from losing thousands. Go around and find out which attorney's are pitbulls. You have been hiring too many chihuahuas. It sounds like your STBX has a rottweiller. A rottie against a chihuahua doesn't sound pretty:(

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overtherainbow
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Reged: 10/23/04
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Re: Vocational Evaluator [Re: matilda]
      #134970 - 08/13/06 04:26 AM

Yeah I am beginning to think I need an attorney with bigger teeth. He just seems to agree to everything she ask for even before he discusses it with me. He told her it was OK for hubby to with draw 20K from a joint account BEFORE he had approved it with me. He draws up agreements with her before he discusses them with me. I said No about the money withdrawal and then she said "It was too late for him to put it back into the account because my attorney had approved it" He said he thought I would say yes.
He is working on a lot of other big cases and I am small potatoes.
I have to change attorneys because he is terrible and I am tired of paying him $350 an hour AND reading law books at night because he is screwing things up.
But I think opposing counsel is gonna make a big deal to the Judge about my changing attorneys again and I will not get any of attorneys fees paid which are 30K so far and we have not gone to court yet. this divorce is prob gonna cost me 60 to 80 K or 150K between the two of us. It's Gross waste of money. Opposing adversarial attorneys is the pits and royally expensive.


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magicmom
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Reged: 11/25/06
Posts: 7
Re: Vocational Evaluator [Re: overtherainbow]
      #171370 - 11/25/06 10:16 PM

I had to change attorneys, but early on in the divorce process. During the initial interview with number 2, I was fairly impressed about his
"philosophy", etc. After I retained him, my case was assigned to an
associate who sounds just like your attorney. I was livied about 60% of the time with decisions that were made between this associate and
opposing counsel. this is an awful position to be in! Try to find someone who will really represent you and include you in the decisions
before they are made. I also was asked top "proof" documents and
found so many errors and erroneous statements that I was dumbfounded. It's hard to believe some of these people are college graduates.


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