Wednesday, March 21, 2007

Up the Ante

Every time I think it's gotten as nutty as possible this disaster of a system gets worse.

You may remember a while back when my lawyer got his machismo up and said he could beat the "fuckin cunt" any day of the week. Well I guess we have got trials on a new day of the week that never existed before.

Here is his most recent assessment of the case:
  • I must settle and settle now at any cost.
  • A phase III trial will last for days and cost an additional $50K (his machismo estimate was 1/2 day for a few thousand).
  • I must stand by the generous proposal.
  • This proposal treats investments and pensions as liquid, ignoring IRS restrictions and tax consequences (to inflate my financial worth).
  • I must pay all legal bills ($30K for mine, $60K for hers).
  • I must allow her to continue to dig for more ways for me to pay more, all the while the legal fees are increasing too.
  • I must accept that I have no choices, recognize that it sucks, that I hate it, but just write a check and move on.
  • For extra incentive, my own lawyer has seized $20K of my separate assets to delay a foreclosure after it occurs.
  • This brings the total separate funds seized to $50K, with no accountability as to how it was used.
  • My lawyer will wait until foreclosure, then pay mortgage arrearage (this will increase his fees, rather than paying it before foreclosure).
  • My lawyer will pay my wife child support late, enforcement actions are being taken against me now.
  • My lawyer will force all my credit cards to default and utilities to be shut off.
The court now controls all my funds. Sweet Deal. For somebody, not me! Not my creditors either.

I'd almost be inclined to think he's taking a kick back from the opposing party. Well he's not likely getting a check, but make no mistake, lawyers and judges are a fraternity and they make sure no other lawyer gets stiffed for their fees, even the opposition.

What do you think, is now the time to publish real names?

So next week is Big Day # 7. Expectations poor.

Status: Second Draft, updates to last few paragraphs 03/22/07 01:45 pm
Third Draft, significant comments by JQ 03/24/07 01:30 am

7 comments:

guttergirl said...

How can anyone afford to get divorced and maintain contact with their children?
This is just insane! Then people wonder why one spouse kills the other one instead of "just getting divorced. It is a whole lot cheaper.
Best of luck.

JQ75 said...

Your first question is the tip of the iceberg. But all the answers are the same.

After the lawyers financially rape you... You can't afford to pay child support, you can't afford to maintain contact, the custodial parent can't afford to support the child either. And the lawyer's answer is "they don't care", "you married the bitch", "just accept it", "it's your problem now".

And yes those are the real answers I've gotten. They actually have the balls to charge you an arm and a leg and then give you these bullshit answers that a high schooler could give you for free.

That means DIVORCE SOLVES NOTHING! IT CREATES A WHOLE NEW SET OF PROBLEMS THAT ARE ARGUABLY WORSE FOR YOU AND CERTAINLY WORSE FOR THE CHILDREN. (jqism)

Insane, yeah, and bullshit and unacceptable, and system out of control. Its a whole lotta things and none of them are good.

Who kills their spouse? Somebody who knows what divorce is all about. (jqism)

Divorce has life long negative impact on the whole broken family. So when you think that marriage isn't forever, you are wrong. Marriage is forever, good or bad. Divorce is forever bad. (jqism)

Thanks... Stay tuned for next weeks big day #7.

(jqism) My new collection of divorce related quips & tips.

Karin's Korner said...

I have a question. How come she gets to leave you, want a divorce and can ask that YOU pay HER attorney fee's? You are fighting this right? Just does not make any sense to me. My husband's X asked that we pay her attorney's fees and our attorney just told her that was NOT going to happen, that was that but maybe your attorney is kinda a wussy. Just an observation.

JQ75 said...

Well "Cuz she can" I am told over and over. You know we can all do lots of things, that we don't. It's the dumbest fucking answer some one could give you and it only cost me $250 per hour.

Turns out that around here, many lawyers ask for "legal fees and such other relief as the court may see fit".

But she went well beyond that. She asked me for a tremendous amount of "discovery", 4 cases of documents, enter upon lands to search for documents or property, and 15 years of records, and every dollar spent for 5 years. When I didn't have this at the snap of my fingers, (do you?) she said I was uncooperative and she should be awarded fees.

Then on the other end of the spectrum she justified fees for a motion to show cause why my child support was $45 short, 2 weeks before I was even notified by the enforcement agency. I'm sorry, I can't pay a bill 2 weeks before it comes when I don't even know what it is (I could not have anticipated it because it was caused by the Guardian not following child support rules, I had to give her a lesson in them).

Why do I know more about child support rules than lawyers and Guardians? Because they take enforcement actions against me. I will NEVER get a tax refund, it will go to escrow and will not be released without my wife's permission admitting that I'm not behind because the enforcement agency is never really sure. I have had my passport and driver's license revocation threatened several times (two weeks ago). But I have never been behind, it is due to errors by enforcement or court officers.

JQ75 said...

The real reason everyone wants me to pay the fees is because I have the money and she doesn't. Why? Because for over 15 years before marriage I worked 2 jobs and had no social life.

But when I'm done paying, I will loose the home (foreclosure started today) and all that money will be gone.

At 50, everything I worked my whole life for will be gone, seems a fitting time for me to go too, don't you think?

JQ75 said...

If you were a merchant, would you extend $60K credit to a woman who made only $25K per year and lived in an affluent suburb with the best school system in the state?

Only if you knew you could get the money from the husband. they locked up my pre-marital separate property day one. While I was searching desperately for my kidnapped child.

Should I allow my son to see my total ruin, or just "check out" early?

Choices... My lawyer says I have none. "Every day we wake up, we make a choice, and I have no limits", I responded. (jqism)

Determined said...

oh God, JQ, I am sooo sorry that these things are happening to you. Divorce is soo stressful enough. I just can't understand why people just can't stand together and protest this horrendous domestic legal system, which by the way, I personally have grown to despise.