Family Court Procedings

Status
Not open for further replies.
N

NMCB13

New Member
I had missed the scheduled hearing at family Court. This yeilded a default judgement against me. The default judgment was based upon incorrect finical information.

My pay check wi being garnished

DSS is garnishing my salary

Child enforcement has garnished my checking and savings account

I have beed paying voluntary child support fo over a year

can anyone help me???????
 
The question is can you help yourself? Did you have a good excuse why you missed your court appearance? It is possible that this is a necessary first step. Best to contact the court clerk immediately and find out what you can do if you are not represented yet...
 
I had a lawyer represent me, however he said that I released him the day of the default hearing. I spoke to him in December prior to the Jan. hearing. He also sent me a bill which after a year nothing was done. I told him I was having finicial problems and told him to request a postponement. He was admint about doing this. After the default hearing I found out that there was 9 postponements and several were marked as final. I NEVER KNEW OF ANY OF THEM!

He also told the hearing eximiner that I was not coorporating with counsul.
 
Last edited:
I received a letter from my lawyer in December of 2000 and attached was a bill. At that time I was unemployed and did not have the money to fly up to New York. I asked him to request a postponement. He was adament about requesting one. It was not till I received the default judgement that the Hearing examiner stated that the postponement was denied and that I was awear of 9 previous postponements, and I failed to cooroporate with council.

According to the transcript I received, from the default hearing, was when he requested the postponement. And at that time he stated that I relived him and was not cooperating with him.

In the year 2000 I warned hih that if the communication issue did not improve that I would relive him. This did not phase him for there was no communication unless I invoked it....

His bill stated that he attended several court dates. I called the courts for transcripts for the dates he listed on his bill. There was only two dates that he attended court on my behalf. That was the first hearing we went to and the default hearing.

In all this time he failed to aprise the court of my current address, voluntary child support payments I made and other factors.

I never received any correspondence from this lawyer that was mailed by return receipt or other forms of proof that he sent me anything. The contract I signed with him, I never received a formal copy with both of our signatures!

I had mailed him three finicial doucments with a return receipt request. I received the return receipt in the mail. I waited a week and called him. I asked him if he received the package, he stated that he had not. At that point I faxed him the paperwork minutes after the phone call. I even called him to ensure that he received it.

I had a standing problem with my lawyer regarding comunications. I rarely knew what was happening with my case. His wife ran the office and I did not know this till months after.

One thing I wanted was for him to obtain a divorce as soon as possible, yet he stated that he wanted to settle issues within the family court. This was another issue we had. I had met with him in his office on a Saturday and stated that my X and I had an agreement and wanted to get the divorce over with. He verbally stated it would be delivered the following Tuesday. Instead it took him several weeks to deliver a draft copy, not a formal/final divorce doucment, a draft copy.

this whole thing is such a mess.
 
Last edited:
It sounds like a mess.... are you stating that your lawyer requested 9 postponements? Do you have any idea why? Were any on your behalf or due to his not having the information from you that was necessary or your presence?
 
It is a mess!

I found that the 9 postponements were requested by my X-lawyer and from the county attorney, apperantly for there conveince. I did not learn of these postponements untill I received the default judgment.
 
I do not know the reason for the postponements. I do know that my lawyer had not informed the courts of my current address. So when they sent the default judgment, it was sent to the wrong address.
 
Hmmm.... that sounds strange. And the attorney never notified you about the case? It sounds like he is claiming that he has proof of attempts to contact or actual contact with you?

I'm not accusing, just guessing because I don't have paperwork in front of me. Have you discussed this matter with another professional or a local bar association?
 
need to know how old you have to be

i need to know how old does your child have to be to make the desion that she want to move back in with mom dad has custody and my daughter is 12 years old now and wants to come back to live with me the judge that i have been dealing with seem to be very byus on my part she does not like me for some reason i need to know what to do. there also has been alot of mistakes on this case very server ones i do believe that i have a law suit on this i just dont know were to start at is there any one that can help me on this issue :mad: :confused: :(
 
weloveyou said:
i need to know how old does your child have to be to make the desion that she want to move back in with mom dad has custody and my daughter is 12 years old now and wants to come back to live with me the judge that i have been dealing with seem to be very byus on my part she does not like me for some reason i need to know what to do. there also has been alot of mistakes on this case very server ones i do believe that i have a law suit on this i just dont know were to start at is there any one that can help me on this issue :mad: :confused: :(
Click to expand...
please help me
 
it depends on which state you are in. In most states judges hear the children when they are 14 and older, in some states the law actually requires them to hear those children, usually also 14 and older. But in no case the wishes of the child are controlling, the judge always can decide against them if she thinks the child is better off with the other parent.
 
Status
Not open for further replies.

Share this page

Get a free case review from a lawyer
Back
Top