Court Actions Pending

PLACEHOLDER CHECK BACK

Well boy do I have my hands full now, all these court actions are pending against me...

Court Action 1 - Post decree implementation

There are still implementation items outstanding from 4 months ago that are yet to be taken care of. Nearly all of my parental rights notification were left undone because the lawyer refused to take care of them. For example it I rushed my son to the hospital I would not be allowed to consent to treatment, he would have to wait for his mother or a hospital decision. I have considered writing the needed letters and sign them with a phony name on phony letterhead with a phony lawyers registration number. No one would bother to check, and if they did I'd just be asking for the rights already granted to me in the decree but people will accept it in a letter from me since I am the NCP, loosing party.

In some ways, I can now see why people are proposing gay marriage to obtain legal rights for their "partner", now that I have lost legal rights for my own son. I would have to say that we should restore Father's rights before we get busy establishing gay rights. Something to ask any politician who has misplaced priorities in this area.

Court Action 2 - Debt lawsuit

The judge granted my ex's request for more than half the assets and less than half the debt on the grounds that men are more capable of earning money, even when harassed out of a job. When I objected to this, there was some prejudicial consideration of my premarital safety net, even though the judge ordered it seized for legal fees. This was the point where he said he'd take my house unless I "agreed" to take on an extra $30,000 debt. This lawsuit is scheduled for a hearing in Dec 2007 and for a multi-year trial to begin in March 2008.

Court Action 3 - Deadbeat Enforcement

As mentioned in the previous post, I received another notice on an enforcement action, all future federal and state tax refunds will automatically be seized. I have received a State Department warning. The next actions to follow quickly will be passport revocation and drivers license suspension. Without a driver's license I will find it impossible to maintain meaningful employment in my city. I will be forced to relocate to the inner city along a bus line and accept employment as a day laborer.

Court Action 4 - No representation

The judge granted my lawyer's request to withdraw ex parte, without allowing me a chance to voice the effect on me. As a three lawyer looser, I will be unable to obtain legal counsel, not that I could afford it anyway. But with a dozen actions pending this is getting to be a little more than I can handle.

Court Action 5 - Ex Parte Decisions

The trial judge, having dismissed my counsel, and determined not to allow me to represent myself, is now accepting ex parte requests from opposition counsel to allow her to request a hearing in my absence, present only one side and then have him render an opinion under a little known local rule regarding an "uncooperative" party.

Court Action 6 - Seizure of Pension

My ex has know made a motion to the court to seize the public employment retirement pension that I built up 15 years prior to marriage. Having been in that system nearly long enough to retire leaves me with insufficient Social Security credits to collect from that pension, leaving me with the prospect of working until I drop dead at work.

Court Action 7 - Failed Service

A new court action has been taken and I don't know what it is because I evaded service. As I am now being sued in two municipal courts, domestic relations court and county common please court, I have some docket searching to do to track this down.

Court Action 8 - Visitation Reduction Request

My ex has a need for absolute control for a variety of reasons, likely stemming from deep seated and currently untreated emotional problems. Visitation has been a constant struggle, she is not satisfied to simply allow me or even my family access to my son without anal retentive control. When she drops him off, she'll have a list of suggested activities, snacks, food, clothing, etc. It concerns me because living in a bobble or with those short "apron strings" would make the most well adjusted person neurotic.

Every opportunity she gets she looks for "concerns" to bring up. These have cost me tens of thousands in evaluation interviews all of which have come up with no other concern then "we look at things differently"... and that's being kind, I'd say that her obsessive, phobic, neurotic behavior presents a danger to my son's healthy up bringing. But that has fallen on deaf ears, mothers are "wired" to be the perfect nurturing parent, what the hell could a sperm donor lend to the situation after conception?

At any rate, even post decree, she is still reporting her "concerns" and now that the divorce is final and I have been deemed the "looser", my risk of loss of visitation has increased substantially. During the divorce when the looser wasn't declared there seemed to be at least the protection that I would get some visitation. That protection is gone.

Court Action 9 - Visitation Mediation

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Court Action 10 - Supervised Visitation Request

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Court Action 11 - County Prosecutor Audit

During the course of reviewing supporting documents for the final decree, I found a fax from the county prosecutors office to the opposition counsel responding to child support audit request. This request would normally be an administrative matter handled by the support agency. By making the request to the prosecutor, knowing that she had diverted in excess of $5000 of support outside the agency records she knew the audit would come up as eligible for action by the prosecutor. At no time did she indicate her deliberate action to hide funds paid to her client, thereby deceiving the prosecutor. I had asked for a full disclosure of all correspondence to the prosecutor and a letter to the prosecutor bringing to light the facts with held. My counsel, already uncooperative at the time refused to implement my request. This action remains pending.

Court Action 12 - Opposition Legal Fees

My counsel needlessly exposed me to opposition legal fees twice after the judge had made a ruling on the level of my wife's fees I would be expected to pay. First when the fee negotiation cut her fees in half, no record of that discussion or the detailed fee schedule was provided as I had repeatedly asked for. This allows her to simply submit a new fee schedule and claim its the correct version, post decree as she has not settled her fee with my ex yet, leaving the door open to collect it from me.

Second, when I repeatedly asked for a sanction for the delay in the QDRO transaction, and it was ignored this allowed the opposition to pursue delay charges against me since none were lodged against her. My lawyer then claimed he had notified me a month earlier when my records show I was unable to reach him or the senior partner because they were out of the office. When I asked for proof of the notification, none was provided. My voicemail boxes, caller ID logs, and email contained no record of any attempted contact by my counsel which was very untypical. With the support of my counsel against me in an ex parte hearing, it was determined that the delay was my fault on my counsel's word. This is the second exposure to fees.

Status: Second Draft - Last update 10/9/07