Title: | Welcome to the Non-Custodial Parents Conference |
Notice: | Please read 1.* before writing anything |
Moderator: | MIASYS::HETRICK |
Created: | Sun Feb 25 1990 |
Last Modified: | Fri Jun 06 1997 |
Last Successful Update: | Fri Jun 06 1997 |
Number of topics: | 420 |
Total number of notes: | 4370 |
I looked throught this conference but did not find anything about this. My divorce decree was really bad. We went in for the prelimary hearing before a judge and I was pressured into signing something I am really unhappy with. I have however been paying - except overtime pay. I get pay for beeper support. I have been getting it for quite a while, about 4 years. This was a point of contention in the days leading up to our court appearance. We had one meeting with both lawyers in her lawyer's office several days before the court appearance. We did not write up an agreement, but I came away feeling that things were going well and my lawyer as he was leaving said we had made progress and this was going to go okay. (he had been called away by some really stressful personal family problems... his wife had called him during the meeting so it was called short. We had discussed beeper pay, as "Overtime" and my lawyer said it was unreasonable to expect someone to be motivated to work extra time if he had to pay her part of it, and the other lawyer said as we were leaving, "think about division of property percentages, my lawyer said "how about 50/50", I thought he was joking, now I am sure he was joking). Well, my day in court was not okay. 9am appearance and waiting until about 11:30 when the lawyers went to see the judge privately (I wish I had insisted on being at that meeting). My lawyer came back with a yellow work sheet with the key items listed. I disagreed with many of them, including her getting all proceeds of house sale, me paying for all credit card debt, 1/2 of pension at retirement, her COBRA payments (I pay),other stuff, including her getting 27% of beeper pay until house is sold and then 17 1/2% of beeper pay. He said the court ordered support payments (big payments) were something he had worked on with the judge and had gotten down (I later determined that they were right on the formula), and although we should go off and spend another few weeks getting this typed up (I should have done this) we would do a lot worse next time and I would end up paying more if we waited to dot the i's etc.. During this the other lawyer kept appear at the open door of our little get together room saying the judge was going to be going to lunch and couldn't we hurry because we had to write this thing up. My lawyer said, "why don't you write it , your hand writing is better than mine"... gads that should have sent up a red flag in my head, and though I was really uncomfortable with the whole thing - I was under the impression that "it would be a lot worse next time". When the document came back my lawyer was just starting to read it to me when her lawyer appeared in the door saying "not much time", and mine saying " well, I should read this to him first". At any rate. Here I am. I have fullfilled all other financial agreements, but the overtime pay really makes me more angry. I told her I was not going give her that money and expained why. I am giving my daughter money for college (not in the afgreement). I received a letter on friday from her lawyer saying he wanted my pay stubs for the period since our court date... no threats, but I underrstand that I am not well positioned to fight this. I don't want to go to my old lawyer - he was the pits. I have not yet gotten another lawyer, but have only until this friday to get him the documents. I have been working on a letter to the two of them (x and lawyer) but not clear on how to do this. Any thoughts? Ike
T.R | Title | User | Personal Name | Date | Lines |
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266.1 | AIMHI::RAUH | I survived the Cruel Spa | Tue Jun 15 1993 15:38 | 15 | |
In some states it is part of the program that you pay for overtime. And in other states it is not part of the program. And in New Hampshire it flops back and forth. Anyhow, sounds like you got the traditional rail road game. And it was hot in the ol kitchen. I don't know what to say to you about your experience execpt to the opposing councle to tuck his bill in his butt. Or with the hurry up game I would do the old drag the feet for they are trying to manage you via FOG. Thats Fear Of God. You can apeal anything you dont like in the game like this execpt if it is cast in concrete that it is so. But the division of personal property and etc is negotiable. Always. If the opposing camp says to you to cough it up and they fill for the big motion. You can apeal it. And lidgate their little tush's.:) | |||||
266.2 | Don't Let the B*st*rds Get You Down | ABACUS::MCCLELLAN_W | Tue Jun 15 1993 15:58 | 36 | |
Sounds like you had one of my old lawyers (had 3). The bad news is I came up totally empty. And, the overtime issue got stiffed to me along with everything else - even though I hadn't had ANY overtime for 6 months prior to the court date. The ruling was it was "available" then, and could be in the future (say what???!!) And yes, I got the same hurry up, and the lawyers are in bed together. And yes, I learned the same lessons - painfully. My advice: Before throwing away any more money on ANY lawyer (because no matter WHO you get, you're still throwing away good money), try to buy some time to do two things: > LEARN as much as you can on your own! Go the the library, talk to friends, talk to anyone who sounds like he/she can offer sound advice; preferably one who has been burned by the court. > Try to CONNECT with activist/support groups, who can provide a lot of the above. Get all the knowledge and support you can! These sharks smell a sucker (and I don't mean that offensively). I mean that if you don't learn to play their game, they have no qualms about burying you financially. Finally, trust your instincts. Even though this is a very difficult time for you, from your note, you sound like you have your instincts about you; you weren't feeling right: trust that feeling, and respond to it! Good luck, and welcome to the club. -Bill | |||||
266.3 | hang tough! | JUPITR::BROWER | Wed Jun 16 1993 04:35 | 21 | |
I 3rd the motion trust your instincts and don't sign anything you're not comfortable with. My wife ,bless her heart, has yet to file. We've been in long drawn out negotiations since MARCH!!. I was given a sort of ultimatum in rehards to Parochial School Tuition. ie: we'll be taking you to court to get an order against you. Well seeing as I voluntarily left the house and agreed to pay 36% of my gross as an interim child support arrangement another $120-$140 a week will make them happy. You can bet your bottom dollar that I'll fight tooth and nail against this. Late yesterday my lawyer left a message that they now have a proposition to make. Unless it's a 50/50 slpit on tuition they can go pound sand. My lawyer allready assured me that in his opinion there isn't a Judge in the state that would force private school tuition when public schools are an option. Now I only have to determine whether or not my lawyer is in bed with hers! I've been given the name of a person in the Worcester area that may be helpful to anyone wanting to let the lawyers starve. He helped my landlord sit down with his ex and hammer out a decree. He even went against his own lawyers wishes. Went through the courst without a single hitch... Bob whose day will soon come | |||||
266.4 | It's warrior time | CSC32::HADDOCK | Don't Tell My Achy-Breaky Back | Wed Jun 16 1993 08:49 | 30 |
Ike, I hope I don't sound like I'm coming down on you personally with this, but, as bad as I hate "special interest groups", this kind of stuff is going to continue unless and until men band together into a group with some political clout. We keep letting them take us on one at a time where we don't even know enough to raise our hands (figuratively) let alone fight. Men are usually totally unprepared for what happens during divorce. They are usually in denial that it can/will even happen to them, or they are praying to God it don't. Women get all the support and sympathy and men "get what they deserve for being such scum for so many years". I'll add my agreement to previous notes...Learn for yourself the law and where you stand. Learn how to fight back. If you can, learn to be your own lawyer where you don't have to put up with the b.s. run around. Contact the "father's rights" support groups. They can provide a lot of information and emotional support (they are usually pretty thin on financial support for the same reason you are). Go to the library and read up on "family law". It is an emotional %$#@, and it will make you maddern' $#@! when you find out just how badly the system is screwed up, but you will _know_ where you stand and what the law and your rights are. You can't play the game when you don't know the rules. It can be done. fred(); |