Appealing a hearing


#1

I’m not really sure what your question is. It sounds like you have an overwhelming situation and you need help. If you are not satisfied with your present situation then you may want to switch attorneys. I know that will be expensive but it doesn’t sound like you are comfortable with your current counsel.

Good luck.

Lee S. Rosen
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
Rosen.com
(919)787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#2

I just had a hearing on child support and separation support and I think I need a new attorney. Somehow our assets came into play. We have 2 extra vehicles that I have been trying to keep from my spouse so that he will not sell them out from under me. My atty knew about the plan to keep one hidden because he had a key and the other in the driveway because he didn’t have a key. All this because he started out the separation by taking a 401k check and depositing it into a separate account. I did not trust that he would apply one cent toward our debt. My atty told me that I was freezing these assets myself until I had papers drawn up then he would not be able to sell anything. I also believe the cars will show more on paper for property split then letting him sell before the split. I want to keep the house and he can get the dumb cars. I can’t believe how things went down in court. He and his attorny were able to deceive the court on some issues that my attorney wasn’t prepared to expose. She let him come up with a child support figure that wasn’t done by calculation and it will be short $100 during the time I paid health ins and $65 short when he starts to pay health ins (today). He started a new job the day after court and his attorney made some excuse about the ordeal in trying to figure out the difference between the two jobs that year. I can’t believe that will work out to my favior since I am going to file for back support 8 months. My husband’s attorney gave a list of support money that had checks he wrote from his private account into our joint that included checks before he left - therefore it looked like he gave me more money after he left and on top of that during the first 7 months of our 11 months separation I had all the bills until about july then I gave all the charge debt to my attorney to give to his because he stopped paying voluntary support because I would not give him the cars. I earn $590 mo and he earns $9858 mo gross and he left me with all the bills (around $5000) and didn’t give me any support for 4 months. The judge didn’t make a decision yet. I’m not sure that was all clear to the judge. My head was spinning over the deception on support and I was trying to get my register to verify that fact. I may have missed some stuff. I also want a copy of the hearing. The sad part is that my attorney told me to come into her office at 12:30
(court was set for 2:00) The night before I thought of some things to cover with her during that time and assumed my husband atty would try to settle before court. Well, she never showed up at the office because she was in court all morning and when I arrived in court at 2:00 she still was not done until about 4:00. The judge was fed up by then and was ready to get the ball rolling. In 2sec my attorny told me of a settlement that included a support amount with the stipulation that I would turn the cars over to sell. I was shocked that the settlement included the assets - I couldn’t make a quick decision and the judge was pressing us to get started. I kid you not the settlement discussion was seconds long - I feel like I got ripped off because my attorney was late and I didn’t have a chance to think through the offer. As it stands the judge said that she wanted the cars sold to pay off debt because they were not being used by anyone. They made it sound like we will get $45,000 for both. They are a piece of junk. He stands to loose alot on the sale because the 2 cars cost him around $20,000 in repairs in 3 yrs during period of unemployment refusing to work and dating women on the internet. He will never make that up and I will feel the loss along with him. I was hoping that he would get them in the split and when he sold them he would feel the loss. How can this happen. He has lost most of our retirement putting it into Ameritrade risky stocks then cashed it out right before he left. Using one check for bills and the other he kept. Why didn’t my atty see from the settlement proposal that it was going to be an issue and defend my stand. The whole way things went down in court felt like a disaster. I felt that my atty did not counter his claims and that she did not ask me the questions she planned to expose some things that would have helped me. All I can say is that I answered his atty with yes and no and did not go into detail on issues that would have explained alot about stuff that would clarify my husbands dishonesty. I feel like I missed opportunity to get the court to see my husbands neglect and disception. I should have told the court why I held back the cars because of my distrust in him over the hiding his 401k (only $7000) and his dating during marriage and lack of earning and stupid purchases of cars etc. I feel like I did’t say enough to expose things that would have help me and I feel like my atty didn’t bring up things that would have also helped. One thing I will say is that he looked like a jerk running his mouth not answering directly and not answering one question at all. I will wait to see the out come of support granted but feel so frustrated about court. Everytime I question my attorny about her actions she says that we have a communication problem and I truly believe she is trying to get herself out of owning up to her failure. How at this time do I find another atty that I will not have a problem with and know that they are good at what they do. Someone recommened her to me and I’m not happy. I gave her $5000 up front and have never rec’d a statement of how much has been used. I don’t have any funds to just plunk down a big retainer again and feel like all I gave her will be gone. I don’t think she wants to represent me either because I have questioned her at times. My husband is slick and apparently so is his atty and I need someone who will be sharp. I spent too much already when I was pursuing divorce from bed and board then changed my mind. I can’t stand this any more and can’t stand to relive the scene in court the other day. I am really impressed with your web site and I am considering checking out your services. My case seems involved because of all my husbands internet affairs and financial bad decisions our financial records are a disaster because of all his unemployment and our need to shift money around from charge card to equity line to survive - what a mess. Thanks for your reply.