Can I sue?

[SoggyCoffee]

Jurisdiction

Wisconsin

Can I sue my son's mother for intentionally deny a injury that would result in lower income? Back story: I was hurt on the job spinal injury, after treatment the doctors (and by doctors I mean more than one) put me on permanent restrictions, and told me I could not longer work in my industry. I then took my doctors notes and vocational reports to court to have my support lowered to what the experts said I could expect to make ( which was 20% of what I was making) she had my records dismissed as hearsay. As I was unable to go back to my regular employment due to the doctors notes, and I couldn't get a job in the field that was recommended, due to the lower pay I would have only been left with 60$ a week to live on. I took the only skill I had (which I had 6years school and have been doing for almost 20years all my working life) and tried to start own business, and at the same time continue to go to court to have support lowered, which was denied again as hearsay, and was denied because to much time has passed and records were outdated (though it's a perment injury) as a direct result of having to go back into the field I am permanently 100% disabled with perment nerve damage and loss of feeling in legs and feet, and might have to have my nerve endings burned to alievate the pain. My son's mother has said on several occasions (documented) I know your back/spine is messed up but you have to pay me what I deserve. I followed the llorder to the best of my abilities and now I a completely screwed and she still refuses to except a lower support, and I do get disability but they take over half for support leaving me with just over 400 a month to live on, I have lost my house my pension 401k my car, all savings and am in 60k debt as a result of this. WHAT CAN I DO... Any help would be appreciated please.

 

[Tax Counsel]

Can I sue my son's mother for intentionally deny a injury that would result in lower income? Back story: I was hurt on the job spinal injury, after treatment the doctors (and by doctors I mean more than one) put me on permanent restrictions, and told me I could not longer work in my industry. I then took my doctors notes and vocational reports to court to have my support lowered to what the experts said I could expect to make ( which was 20% of what I was making) she had my records dismissed as hearsay.

That's unfortunate, but she (or likely her lawyer, as I assume it was her lawyer that raised the objection) was correct that the documents themselves are hearsay and not admissible unless you can argue that an exception to the hearsay rule applied. There would be no exception that would cover doctor's notes and allow them to be admitted unless Wisconsin has an unusual hearsay rule. Generally what you needed to do was have the doctor testify about your conditions and restrictions so that your wife would have the chance to cross-examine the doctor. She cannot cross-examine notes. What you'll need to do is see a family law attorney to find out if you can get back into court and then present admissible evidence to show you are unable to work in your old job. I know that's not what you wanted to hear, but you're going to continue to owe the support the court ordered until you can get back to court and have it lowered.

 

[SoggyCoffee]

That's unfortunate, but she (or likely her lawyer, as I assume it was her lawyer that raised the objection) was correct that the documents themselves are hearsay and not admissible unless you can argue that an exception to the hearsay rule applied. There would be no exception that would cover doctor's notes and allow them to be admitted unless Wisconsin has an unusual hearsay rule. Generally what you needed to do was have the doctor testify about your conditions and restrictions so that your wife would have the chance to cross-examine the doctor. She cannot cross-examine notes. What you'll need to do is see a family law attorney to find out if you can get back into court and then present admissible evidence to show you are unable to work in your old job. I know that's not what you wanted to hear, but you're going to continue to owe the support the court ordered until you can get back to court and have it lowered.

thanks yes it was her attorney I know I need to go back to court to get it lowered which I am in the process of doing using my disability from government as evidence. (which is certified and is the exception to hearsay rule) but the courts cannot "go back" on the support so everything I lost is gone as far as family court is concerned, my question is can I sue her personally for like a wrongful injury, I guess being that she was well aware of my injury and still insistent that I work in my industry. And because I have went back in my industry I am now 100% f'ed up. I guess it would be something to a wrongful death lawsuit I think

 

[Zigner]

thanks yes it was her attorney I know I need to go back to court to get it lowered which I am in the process of doing using my disability from government as evidence. (which is certified and is the exception to hearsay rule) but the courts cannot "go back" on the support so everything I lost is gone as far as family court is concerned, my question is can I sue her personally for like a wrongful injury, I guess being that she was well aware of my injury and still insistent that I work in my industry. And because I have went back in my industry I am now 100% f'ed up. I guess it would be something to a wrongful death lawsuit I think

No, you cannot sue her because her attorney correctly applied the law.

EDIT: That is to say, her attorney asked the judge to correctly apply the law.

 

[PayrollHRGuy]

It wasn't a "wrongful injury" in that you are the one that failed to provide the evidence required to support your legal action.

 

[KatDini]

Are you receiving SSDI? If so, are the dependent benefits being paid to your son's mother?
Bring it up with your attorney; the attorney should be able to get those benefits to be considered the child support. You will still owe arrearages, but the on-going should be covered.

 

[zddoodah]

Can I sue my son's mother for intentionally deny a injury that would result in lower income?

Anyone can sue anyone for anything. Of course, the ability to sue has little to do with the merits of any given lawsuit.

she had my records dismissed as hearsay.

In other words, you failed to comply with the rules of evidence, she called you on it, and the court held that she was correct.

Your situation is unfortunate, but I'm at a loss to understand what legal wrong you think your son's mother has committed.

As concerns the support issue, you either need to retain the services of a lawyer or educate you how to do things correctly.