March 3 case


#1

I had my case today- Thanks Erin
90% of what I brought was not allowed to be heard- my ex lawyer said since I didn’t have info to him 48 hours before That the judge could not allow my Notion to Deviate- she looked up law neither knew exact # of hrs ( How did they expect me to know?) anyway I was in his office 48 hrs before and of course he never asked me for my docs-Anyway I went with it because he too had filed a motion to deviate also I just said "I have not recieved any doc 48 hrs prior so I guess neither can deviate-"The Judge agreed -

I presented the case Authority from the other Juridiction - The other lawyer tried to block it but Judge accepted it to read but I do not think she thought it applies because it was from NY.
Believe it or not, not only did they try to get out of paying all future CS and wanted the retro lump sum but they also said that since the CS was $300 and now SS is $500 they wanted my daughter and me to pay them the $200.00 per month difference.

Anyway I am glad I went to court and Gave them a run for their money- the lawyer was surprized especially when I said that 50-13-10 was discrectionary and only referred to past arrearages which we had none" The lawyer jumped up and said who is she to interupt law for two lawyers? The Jugde replies " she is her own lawyer, she prepared this and I want to hear what she has to say" and really the time went on like that- the lawyer jumping on everyword I said but the Judge defending it-He even tried to stop me from handing in my Case Authority by saying " she didn’t give me this in advance to readover and Judge answering " she has a copy of it for you now- read it.

I recommend the Rosen on line help because I only spent $200.00 and who knows what my ex spent. The outcome was what I thought- they could not take the SS money paid to my daughter back but my-ex no longer has to pay CS.

The other Lawyer was really pushing for them to get back the 200 per month- he said it was uncharted area and he wanted to Judge to call ? Saxton?? someone like that- she agreed she would call before she entered the final order but also said she thought she would go with her findings either way. Who is that?

Anyway thank you- I know I gave you endless questions- I hope I never need to go to court again but if I do I will sign-up for on line help again- Erin Thank Mr.Rosen for making this available!


#2

I am so glad to hear the case went well. Way to go for holding your own in the court room! I do not know who Judge Saxton is, certainly not an NC Supreme Court Justice, or Court of Appeals.


#3

Erin-
After all we just went ( march 3 case) through and My ex- having CS eliminated because I was recieveing SS benefits for the child- I got a letter today from SS, saying they have made a mistake and they want $1,800 back because they were overpaying Child benefits.

They say the overpayment was because my -ex recieved workman comp so they they over paid him in SS benefits.

My ex said nothing about workmans comp in court- he said he only recieved SS benefits- I am not sure if he was lieing or if he just received a lump comp paymnet after case but either way I will now no longer get SS or child support.

I still have not recieved the Judges finding of fact letter and it has been a week today- if this is time sensative I do not want to miss it- what do I do now?


#4

I suggest you forward a copy of the letter you received to the judge and to your ex’s attorney to ensure everyone is aware of the situation.


#5

I have not yet gotten her finding of fact but I am going to the court house today to get a copy because they said the Judge filed it on March 4.
I will bring a copy of the letter but not really sure how to get it to the Judge.
I will ask when I get to the court house.

I was not sure if I needed to file any paperwork like a rule 59 since the finding of fact would no longer be right due to the fact that SS benefits have been changed reason given: Because of the receipt of workers Compensation payments.

I could leave the letter with the Judge but I doubt she would set a court date- do I not have a responsiblity to set a court date to have this modified? and if so what form would I fill out- rule 59? CS modification?

Thanks


#6

You may file a Rule 59 in light of newly discovered evidence.


#7

Ok I have filed the rule 59-
I am the Plaintiff in this case.

The lady at the court house stapled a Notice of hearing and in it it says Complete an affidavit of Financial standing- which I looked up and printed off the web.
It says
1- Complete
2- notarize
3- file with clerk of court
4- Arrange to have to Plaintiff served with the Affidavit either with the service of the responsive pleading, or by Monday march 29-2010 whchever comes first
5- bring to hearing

I have 2 questions- Is this for both me and my ex to do - or just my ex since it is his income being challenged? ( also it only said “arrange to have Plaintiff servered”)
and what is the responsive pleading? does that mean he ( my -ex) has to respond to my rule 59 before the court case? and if so does that give him the ability to cancel my case?
Thanks


#8

The responsive pleading is something your ex will file, you should serve your affidavit by March 29.

Your ex will have the opportunity to file a response to the allegations contained in your motion and cannot cancel your case.


#9

Ok- we are schedule to go to court on the rule 59 because now my ex ( after having CS terminated for SS) must have received a settlement from workers comp which he did not mention in court.
I filed the 59 and his income statements are due to me by Monday March 29.
he called last night wanting to settle outr of court- so I told him just send me his income and what he got from the worker settlement so I can review and see what the Judge would order ( by using your CS cal) but he still seems to want me to settle without seeing his income’

He said he wants to settle so he will not have any more legal fees but yet instead of sending me his info he brought it to his lawyer who he said advised him to have him (lawyer) write up a settlement before sending me his income.
anyway my question is - since he wants to keep it secret it must have been a big settlement- whatever it is ( I will use $120,00.00 for ease) when the judge enters the lump sum into the cal does she divide the lump by 12 because it would cover a year resulting in $10,000 per month income? or since it is a 1 time settlement does she spread it even further?


#10

The amount will be pro-rated for the period of time it was intended to cover, if 120k was to cover 4 years out of work the income would be 2500 per month


#11

I am thinking it was a settlement from workers comp- a lump sum- my ex is forever out of work- he is totally disabled

so if I were to calculate CS how would I do it?


#12

When income is received on an irregular, non-recuring, or one time basis the court may average or pro-rate the income over a specified period of time or require the obligor to pay a percentage of an award as child support which is equivalent to the percentage of income paid as child support.


#13

Just as I thought our case is on Monday- this is a rule 59 because my ex did not report income on last case.
Anyway although the Affidavit of Financial Standing was due by last Monday March 29-2010 I never received anything. I called my ex each day and asked him to remind his lawyer to send- I went to the court house and also left a message with his lawyer- I even stopped by his lawyers office and left a note.
My case is Monday- I hate to have a bunch of Financial stuff tossed at me by his lawyer- do I have a right to request ( from the Judge)a 20 minute recess so I can go in another room and review the paperwork then?
Thanks


#14

I think that is a perfectly reasonable request.


#15

We went to ct. and my exs lawyer and I sat in the hall at the Judges request to try to settle.
He never did bring the income tax return or anything from workers comp. and as I thought he tossed papers at me, so I took out a pen and paper and started to look things over to see if I wanted to settle- He did not want to give me any time and was very rude. When I asked him for affidavit for financial standing he said that was not needed, then he said, “anyway you have income you are not reporting”. He insisted I had a second job, which I do not and when I told him I work a 50 hrs week as it is I do not have a second job he called me a liar.
Then I told him that my ex changed health insurance and refuses to give me any medical cards (eye, dental, health or prescription) He said that was crazy and called me a liar again.
Then he called my ex and my ex and he continued to make up liars about me and when I said they were not true they both called me a liar. Believe me I do not lie and would have no reason to lie. I am so mad about his unprofessional behavior- Can I report him to the Bar?

Then we went back into the ct. room he was polite before the Judge but said we were in agreement (I didn’t know we were) for now and we need another court date because we are not sure if SS will continue or stop payments. (the ct. date for after SS replies)
Anyway she ( Judge) asked him to write up a consent order and that I must sign it (I have no idea what he is putting on it but I am sure it is nothing I agreed to) so when we left the ct. room I said to him," so you will write the consent order and send me? He said," No you will write the constant order, after all you won and it’s the person who wins who writes it. (I have no idea what he meant since no one won or lost) I said that can’t be true since I heard her tell you to write and me to sign.
My 3 questions are-
Can I report him to the bar for nastiness (there is no way he would have ever treated a lawyer or another man this way)
Do I have to sign consent order if it comes back with info I do not agree with?
If I do not agree/ or sign what do I do then?


#16

You may contact the state bar regarding the lawyer’s attitude, however while it was appalling I’m not sure it is actionable.

You do not have to sign or draft a consent order if you are not in agreement.

Schedule another hearing, and make sure to let the judge know that you have not reached any agreement and the matter will have to be heard.


#17

I believe the Judge was scheduling another meeting because we did not yet know the outcomeof the SS waiver.
I think the consent order was the CS in the meantime and it will be looked at again once we hear from SS.

I haven’t seen it yet but once I receive can I ask him to adjust?


#18

You may.


#19

OK I got it in the mail and all it said was,"order granting plaintiff’s rule 59

and a few paragraghs. The lawyer asked me to sign (2 copies keep one ) and send back to him but he did not sign- I asked if he was going to send me a signed copy back and he said it wasn’t needed- that it was just to send the Judge…It that OK? I really do not trust him as he has said missleading things before.

Thanks


#20

Everyone should have signed all three versions before the Order was submitted to the Judge. The court keeps a copy signed by all parties, and each party keeps one as well.