angel3461
recently joined
Reged: 07/02/04
Posts: 5
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Hello anyone out there, I'm looking for immediate help and/or any advice.
My Ex and I were divorced last year, and as part of the divorced settlement agreement, among other provisions, I got primary custody of four (4)children, the marital home was supposed to be re-financed after 30 days, there after if re-financing did not work, then the house should be sold and the proceeds to be split 50/50 after paying all the debts acquired during the marriage.
I the husband (defendant) got the primary custody of 4 children. The Ex-wife got extensive visitation with the children (for the past 7 months she has not seen the children or contributed at all towards their need, this issue would be discussed in other occasion.
Ex-wife is not paying child support for the initial 24 months as part of rehabilitating time given to her. Ex-wife since re-married.
Refinancing was very difficult due to bad credit after a lengthily and very contested divorce. I'm broke due to exorbitant attorney's fees, pendente lite support, and an extensive array of TRO's, (from sexual assault to terroristic threats, to theft, etc.,) as well as violation of TRO's and so on and so on.... This was a typical case for divorce 101, where the Ex-wife took and still continues to take advantage of the legal system. By the way, none of those charges were ever proven and/or resulted in any further civil or criminal proceedings.
Five months later the bank finally approved me for re-financing at a 70%(due to credit rating) of the total value of the property. Ex-wife's (plaintiff) attorney was notified and thereafter they filed a motion to secure a "power of attorney" and be able to sale the marital home. Myself acting on a pro-se basis applied for an adjournment and was deny by the judge, and thereafter the judge, ruled on the ex-wife's behalf based on the papers they had submitted, needless to say the judge gave them everything they had asked in the motion, including the POA.
One of my in-law relatives offered to buy the house and have the children and myself living in the house and to pay them rent, this way keeping the children from having their lives disrupted, the ex-wife refused the offer. The house when for sale and the second prospective buyer made an offer that offer was accepted, the contract went for attorney’s review and was accepted.
I (husband) file an order to show cause to stop the sale of the house until the motion for reconsideration was heard by the judge, the judge did not hear the OSC and on the date the motion for reconsideration was heard, the judge reconfirm his prior decision, "to sale the house", I've been told my only hope is to file for an "emergent appeal" with the appellate division. There is not imminent damage to the ex-wife; neither there is any urgent need to sale the marital home. on the other hand four children and myself are about to become homeless.
What are my chances ?? Any comments are welcome.
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quikmcw
recently joined
Reged: 09/02/04
Posts: 6
Loc: Pennsylvania
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Suggestions: Try to get an immedate/urgent hearing on the issue and plead, OR if you have the resources talk to the 2nd buyers to see if they would front for you or see if you can get another Silent Buyer that will be buy for you. MY screw up is I didn't have a Silent Buyer ready to run and my family's 4th generation farm was forcibly sold and the new owners have totally gutted the 1801 farm home! Back to the law of what's mine in the ex-wife's, what's our's is the ex-wife's and what's her's is her's.
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