Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > FAMILY LAW > Alimony & Spousal Support

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 06-11-2009, 05:00 PM
Junior Member
 
Join Date: Oct 2008
Posts: 7

Advice needed ASAP in appeal of alimony


What 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.
  #2  
Old 06-11-2009, 06:14 PM
Senior Member
 
Join Date: Dec 2005
Location: Ohio
Posts: 31,801
Quote:
Originally Posted by bookgirlac View Post
What 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.
Its called due process. They have allowed him an extension. You have not been given a final appealable order when they grant him the extension so you cannot file an appeal on their decision to grant the extension.
__________________
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
  #3  
Old 06-11-2009, 06:26 PM
Junior Member
 
Join Date: Oct 2008
Posts: 7
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.
  #4  
Old 06-11-2009, 06:31 PM
Senior Member
 
Join Date: Jan 2005
Posts: 14,770
Quote:
Originally Posted by bookgirlac View Post
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.
He's not getting special treatment.

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)
  #5  
Old 06-12-2009, 11:03 AM
Junior Member
 
Join Date: Oct 2008
Posts: 7
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.
  #6  
Old 06-12-2009, 01:10 PM
Senior Member
 
Join Date: Jan 2005
Posts: 14,770
Quote:
Originally Posted by bookgirlac View Post
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.

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)
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 12:47 PM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.