Oh…so much info, where to start? First, I am in Southern Ca, going to court in Orange county. I thought my legal battles were done yet he (the ex husband) is at it again! Our divorce and custody arrangement was “finalized” in August with a long detailed court order from the judge (Commissioner Vogle in Orange County). Now…in January only 5 months later, my ex has decided he doesn’t want to pay what the judge ordered and isn’t happy with the custody arrangements. He has now hired a lawyer and I can’t really afford one because I still owe over $4 grand to the lawyer who helped during the previous battle (I let her go before our trial because I was not happy with her work and could not afford her services). I am not looking for someone to represent me, I just can’t afford it. I am looking to have someone help me with my response and get my case together so I can fight a good fight. This lawyer he hired called me and belittled me, she was beyond rude and inappropriate, (told me I shouldn’t get married again, that she hates working with in pro per people and wishes I would suck it up and get a lawyer and she said I have a lot of excuses and proceeded to yell at me on the phone so I hung up). I am a little intimidated by her and want to bring my A game…I have a lot at stake! The papers and statements my ex is making are blatant lies, desperately grasping at straws. It is obvious that he is would rather pay his lawyer thousands of dollars then pay me the $6 grand he was ordered! His custody is limited to 30 hours a week (two short visits and one overnight) and now he wants to switch it to 50-50! We have been working with a “Special Master” and my ex refuses to listen to his plan and work with him and is going against his advice in asking for more custody. (Our daughter is only 2.5 years old and has only lived with me, he took off when she was 3 months old!
The financial side I am hoping a lawyer can help me with is that I bought my house in 2002, by myself, only my name is on the deed. He moved in shortly after and paid “rent” and I rented out two of the other bedrooms. We were married from 2007 to 2010 (married 3 years, together for 10 years total). I never put his name on the deed. His lawyer is telling me she needs all of my financial records back to 2002 because my ex is entitled to ½ the interest on my house since I bought it in 2002 even though we didn’t marry until 2007 (that he has been paying into the house?). I have all the mortgage payments, they were all made by me up until we married, then they were written out of our joint checking account. Could he really win this? Is this something I can fight?
I am just overwhelmed and stressed beyond words! As a single mom of a 2.5 year old and working part time I am exhausted and this extra stress is not helping. There is so much I am leaving out but hopefully this will be enough to get me some referrals and advice! Court date is Feb. 6th!! Thank you!!!
You need to get an attorney. Then, I would file for him to pay MY legal fees. If you are working with a Special Master, how is his attorney getting around that. Judges don't like this kind of stuff.
You have too much at stake, get an attorney.
first off - record ANY conversation you have with her and report her to the BAR - her behavior is unacceptable and the BAR Association will most likely censure her for her remarks. It is OKAY to complain about a lawyer.
2nd? She did it to get into your head. It worked. you are now distracted. Do not let her get to you - I know easier said than done.
I have two friends that are lawyers in San Bernardino County and LA County. I'll contact them today and inbox you their information or their referrals to someone who can help you.
That lawyer is a liar and abusive. Call the bar association to file a complaint. You do not have to be intimidated by her or him.
Your house is your house in California. You bought it before your married him and for the three years you were married he's entitled to nothing from the house.
You can call legal aid to find out what type of help you might need. Who might represent you. Some lawyers do a consultation for a low fee set by the bar association. Your ex- is pushing the limits the Special Master set up and won't find favor in the court over it.
Don't pay 300 dollars or more an hour to hire an attorney, instead call ###-###-#### ask for Edwin Louis he is an Legal Shield Associate. We have attorneys at our finger tips 24/7 and we just pay 35.00 a month, for our Legal Services no out of pocket coast, no conseltation fees no court fees it is all in thatb 35.00 a month. If you are not sure about this just give him a call and he can lead you in the right direction that you need to go. J.
Get an attorney - dont risk custody of your daughter. Plus with an attorney you will never have to personally deal with the ex's attorney by yourself.
Good luck!
Ok, here's what my attorney told me once my divorced was finalized. He signed it, you signed it, the judge signed it, it's now the law.
She said at any point in time if HE wishes to change the terms, he certainly has that RIGHT to TRY. And YOU certainly have the right, WITH LEGAL COUNCIL to fight it. She said if this happens, to call her back, and the first thing on the list will be me asking HIM to pay my attorney's fees.
Judges do not like it when a ruling has been made, agreed upon by BOTH PARTIES, then one of the parties change their minds. Unless there is a major financial change in his life.
So, I would retain an attorney (open a new credit card if you have to), fight the changes I didn't like, and ask the already annoyed judge order HE pay my legal fees. This is actually pretty common.
I would not pay much attention to HIS lawyer, you are not her client and she can very well tell you the sky is green if she likes. It's her job to intimidate you.
Sorry you are going through this. My guy's divorce is now 4 years and about 100k old, sigh.
Really, get another lawyer, sorry. You can try the Legal Aid Society in your county, but they will tell you what steps you need to take to go it alone, it's unlikely they will actually offer you free or reduced legal council.
:(
In California if you co-mingled your money (paid your morgage out of a JOINT account) he is in titled to 50%. If you did not co-mingle your finances you are okay. From how I understand it anyway...
Try contacting OC's Legal Aid Society. They can give you some general guidance, usually for free or at a low cost.
http://www.legal-aid.com/Home/AreaOfLawFamilyCustody?Leng...
Ludwig Law Center. Michelle and Eric Ludwig are a husband and wife team and brilliant. Call them!!! They are in Anaheim Hills ###-###-####
Best of luck to you and with them, I assure you they will do all they can and luck will have little to do with it :)
~J.
Our office handles only family law matters. My fees are $195 per hour and I offer an affordable retainer. Please contact my office to set up a consultation.
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I think you should get an attorney and I also think that because there are no changed circumstances and because the "Special Master" has provided his recommendation to the court which I assume became the court order, that the court will award you your attorney's fees in having to defend against this motion.
By the way, don't let that aggressive female attorney intimidate you. That's her plan. Either stand your ground with her or simply refuse to take her calls. In fact, I would write her a letter and tell her that from this point on, all communications need to be in writing because she is apparently unable to speak to you civilly. Provide your mailing and e-mail addresses and then refuse any of her calls.
