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#1
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Advice needed ASAP in appeal of alimonyWhat is the name of your state (only U.S. law)? South Carolina My ex has appealed his alimony and because he continuously misses deadlines or asks for extensions, a motion to dismiss was generated by the Clerk of Court. We are both representing ourselves pro se. He submitted a motion for yet another extension (he cited no reason for the request), and I submitted a request to return to the motion to dismiss. The court has issued an order allowing him the extension, although I cited numerous Rules he has broken, deadlines he has missed and informed the court that he still has not served me the Matter of Record (he served the court, but not me). I have notified the court of this twice now, but nothing has been done. Does anyone have any advice on how should I proceed from here? I absolutely cannot afford an attorney. My ex-husband, however, can afford several, but he will not part with his money. Despite his admitting adultery and domestic abuse and admitting at trial that he supported me throughout the marriage, everything seems to be turning out in his favor with the appeal. I am very disheartened by my dealings with the court system. |
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#2
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__________________ Parents should remember three things: Love your kids more than you hate your ex (or soon to be ex) & when you have children the relationship with the other parent is until death parts you & how you treat your children determines what type of nursing home you end up in. Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. The devil is in the details after all. Licensed to practice law in Ohio and a Guardian Ad Litem for children |
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#3
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| I understand I can't appeal an extension. I just don't understand why they keep allowing him to miss deadlines and allow him not to follow rules (from my research he MUST copy me on all documents served to the court, especially the Matter of Record and Final Brief). I can't help feeling he is getting special treatment which worries me. |
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#4
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Since you don't have an attorney, and since the Court really does not see all/know all/hear all, it's up to YOU to properly notify the Court of his transgressions.
__________________ "Judges want people to be reasonable. Where one parent won't be reasonable, judges still want the other parent to remain reasonable." (Ford) |
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#5
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| Can someone please point me in the direction of how to properly inform the court? I thought I had done so when I noted it as my reason for my request to return to motion to dismiss and in the second letter I sent the court amending that request to notify them 2 weeks later that I still had not received it. So please. Any guidance would be greatly appreciated. |
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#6
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http://www.lawsource.com/also/usa.cgi?sc http://www.judicial.state.sc.us/ http://www.served.com/sc.asp You'll have to study to rep yourself. One thing that concerned me was that you mentioned sending a "letter" to the court. That's not proper. You file motions, not send letters.
__________________ "Judges want people to be reasonable. Where one parent won't be reasonable, judges still want the other parent to remain reasonable." (Ford) |
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