Seeking divorce/personal injury law suit advice for single mother

[njblondx]

I am a single mother of 2 young children. My husband and I have been married 13 years, and have been separated 2 years. I have worked as a teacher for 14 years. My legal problem has many avenues. My husband was hit by a drunk driver while at work 3 years ago and I left him 6 months after the accident. He has been on temporary disability collecting worker's comp. the past 3 years. I have been the sole bread winner and handled everything in the home after his accident. Because of his accident he lost his job, and we lost our home because we couldn't pay the rent on just my salary. My husband is being represented in a personal injury law suit, and I have been told that I am entitled to a portion of his earnings since we were married during the accident, as we still are. My husband owes arrears in his child support because it comes out of his workman's comp, which stops when the doctors clear him to go back to work, and his lawyers and doctors fight that he can't. I filed for divorce on my own through the divorce center a year ago, and have a court date of July 30th. My husband now has a divorce lawyer representing him through his personal injury firm, which he is paying for from his expected earnings. I have no idea how much he is asking for, although I believe it's a substantial amount. My husband has nothing - no permanent residence, no car, no checking account, no job. I have provided everything for my children, and I need his child support. obviously on a teacher's salary this is difficult. I have consulted a lawyer who told me that some lawyers will believe that I am entitled to a portion of his settlement, and half wont'.
I am in desperate search of a lawyer who believes that I am entitled to a portion of his settlement, and who will represent me in my divorce and take their fees from my portion of the settlement. Because of my husband abusing and living off the system for 3 years, I have no savings since I have been the only worker.
As far as the divorce is concerned, we have nothing to split, since we lost our home. I am asking for basics. That he not touch my pension, that he carry life insurance (he has none), that he be made to carry secondary health insurance for the kids. He is asking for more parenting time (he currently has them 2eevenings a week and every other weekend). He is only asking for more time to lower his child support, which is only 1000 a month. My husband was admitted to the mental institution part of a hospital in 2006 and diagnosed bipolar. He was put on medication and ordered to complete an out patient program. He is still on my health insurance, and has not taken medication or gone to therapy in years. Our 8 year old son is currently in therapy once a week because he hates going to his father's because my husband yells at him (typical bipolar swings). I need LESS parenting time, not more. It would be horrible for my son. I know that a lawyer can get his hospital records and therapist records to prove in court that he is unstable, but I alone can't.
I do not know where to turn. It seems so unfair to me that I have worked to support my children for 14 years, but can get no one to fight for me, and my husband can get all the legal assistance in the world. I need someone to help me.

 

[njblondx]

seeking advice for child support (Family law)

I am a single mother of 2 young children. My husband and I have been married 13 years, and have been separated 2 years. I have worked as a teacher for 14 years. My legal problem has many avenues. My husband was hit by a drunk driver while at work 3 years ago and I left him 6 months after the accident. He has been on temporary disability collecting worker's comp. the past 3 years. I have been the sole bread winner and handled everything in the home after his accident. Because of his accident he lost his job, and we lost our home because we couldn't pay the rent on just my salary. My husband is being represented in a personal injury law suit, and I have been told that I am entitled to a portion of his earnings since we were married during the accident, as we still are. My husband owes arrears in his child support because it comes out of his workman's comp, which stops when the doctors clear him to go back to work, and his lawyers and doctors fight that he can't. I filed for divorce on my own through the divorce center a year ago, and have a court date of July 30th. My husband now has a divorce lawyer representing him through his personal injury firm, which he is paying for from his expected earnings. I have no idea how much he is asking for, although I believe it's a substantial amount. My husband has nothing - no permanent residence, no car, no checking account, no job. I have provided everything for my children, and I need his child support. obviously on a teacher's salary this is difficult. I have consulted a lawyer who told me that some lawyers will believe that I am entitled to a portion of his settlement, and half wont'.
I am in desperate search of a lawyer who believes that I am entitled to a portion of his settlement, and who will represent me in my divorce and take their fees from my portion of the settlement. Because of my husband abusing and living off the system for 3 years, I have no savings since I have been the only worker.
As far as the divorce is concerned, we have nothing to split, since we lost our home. I am asking for basics. That he not touch my pension, that he carry life insurance (he has none), that he be made to carry secondary health insurance for the kids. He is asking for more parenting time (he currently has them 2eevenings a week and every other weekend). He is only asking for more time to lower his child support, which is only 1000 a month. My husband was admitted to the mental institution part of a hospital in 2006 and diagnosed bipolar. He was put on medication and ordered to complete an out patient program. He is still on my health insurance, and has not taken medication or gone to therapy in years. Our 8 year old son is currently in therapy once a week because he hates going to his father's because my husband yells at him (typical bipolar swings). I need LESS parenting time, not more. It would be horrible for my son. I know that a lawyer can get his hospital records and therapist records to prove in court that he is unstable, but I alone can't.
I do not know where to turn. It seems so unfair to me that I have worked to support my children for 14 years, but can get no one to fight for me, and my husband can get all the legal assistance in the world. I need someone to help me.

 

[army judge]

I know of no attorneys that will represent a divorce litigant on a contingency basis. I know of a few attorneys, a very small number, who will do pro bono divorce work. You just have to keep looking. I don't know anything about NJ lawyers. I'm sure it's representative of my experiences.

 

[Proserpina]

I am a single mother of 2 young children. My husband and I have been married 13 years, and have been separated 2 years. I have worked as a teacher for 14 years. My legal problem has many avenues. My husband was hit by a drunk driver while at work 3 years ago and I left him 6 months after the accident. He has been on temporary disability collecting worker's comp. the past 3 years.

Okay, so we know that he was injured before divorce. Now, you knew this before you got divorced - is there any reason why you didn't address it then?

I have been the sole bread winner and handled everything in the home after his accident. Because of his accident he lost his job, and we lost our home because we couldn't pay the rent on just my salary.

Okay, but this isn't exactly his fault.

My husband is being represented in a personal injury law suit, and I have been told that I am entitled to a portion of his earnings since we were married during the accident, as we still are. My husband owes arrears in his child support because it comes out of his workman's comp, which stops when the doctors clear him to go back to work, and his lawyers and doctors fight that he can't.

He should have filed for a modification actually.

I filed for divorce on my own through the divorce center a year ago, and have a court date of July 30th. My husband now has a divorce lawyer representing him through his personal injury firm, which he is paying for from his expected earnings.

I think you'll find that they have a different kind of agreement.

I have no idea how much he is asking for, although I believe it's a substantial amount. My husband has nothing - no permanent residence, no car, no checking account, no job. I have provided everything for my children, and I need his child support.

He needs to file a mod. He's disabled - evidently he cannot afford to pay child support, and the court is going to agree.

obviously on a teacher's salary this is difficult. I have consulted a lawyer who told me that some lawyers will believe that I am entitled to a portion of his settlement, and half wont'.

I'll try to clarify further down - but there are several different "parts" of a WC settlement. You would only ever be entitled to lost wages/earnings. The rest you cannot touch (and that includes the personal injury part)

I am in desperate search of a lawyer who believes that I am entitled to a portion of his settlement, and who will represent me in my divorce and take their fees from my portion of the settlement.

Not going to happen

Because of my husband abusing and living off the system for 3 years, I have no savings since I have been the only worker.

No, he's really not. He's trying to be compensated because he CANNOT work.

As far as the divorce is concerned, we have nothing to split, since we lost our home. I am asking for basics. That he not touch my pension, that he carry life insurance (he has none), that he be made to carry secondary health insurance for the kids.

I have to ask - why do you think it's okay for you to want his settlement, but you don't want him to access anything of yours?

(He will not be ordered to pay secondary health insurance. If you don't know why, just ask - I'll explain it )

He is asking for more parenting time (he currently has them 2eevenings a week and every other weekend). He is only asking for more time to lower his child support, which is only 1000 a month. My husband was admitted to the mental institution part of a hospital in 2006 and diagnosed bipolar. He was put on medication and ordered to complete an out patient program. He is still on my health insurance, and has not taken medication or gone to therapy in years. Our 8 year old son is currently in therapy once a week because he hates going to his father's because my husband yells at him (typical bipolar swings). I need LESS parenting time, not more. It would be horrible for my son. I know that a lawyer can get his hospital records and therapist records to prove in court that he is unstable, but I alone can't.

Sigh. I'm really trying to be gentle here, okay? You're not getting less parenting time. Your 8 year old won't be testifying, and records from 8 years ago won't mean anything at all in court. The most you can do is request that Dad undergo a psych evaluation. The rest is, truly, meaningless.

I do not know where to turn. It seems so unfair to me that I have worked to support my children for 14 years, but can get no one to fight for me, and my husband can get all the legal assistance in the world. I need someone to help me.

He's INJURED! This is not a case where he's disappeared and sunning it up in Mexico. He. Is. Disabled.

 

[KatDini]

Referrals are not allowed on the forum.

 

[Betty3]

You can contact your local legal aid society or your local or state bar assoc. to see if they "might" be able to give you a referral to an attorney who will do pro bono divorce cases. I don't know how much they will be able to help you.