TELEPHONIC HEARING how does it work?

[walkssoftly]

What is the name of your state? I live in Az.. The case is being handled in the state of Fl.
I am disabled, and have requested a telephonic hearing for today in re: to non-payment of alimony. The request has been accepted, and I must call a certain number in Fl. at 2:15 today. I realize this post is late notice, but if anyone out there can give me any advice or information on how the protocol of a telephonic hearing.. I'd be greatful.. ANY info is appreciated.. as this makes me quite nervous..
I imagine? that my x husband has a attorney, I do not.. will there be someone representing myself? I'm guessing not.. and that this is kind of a dumb question. All I can do is state what I am requesting, which is basically for my x to abide by the court order in the divorce.. I also wish to request for him to pay court costs, and to pay for my having to pay for filing to re-open the case, and all costs.. If there is anything that I should know? I would appreciate any input that can be given me..
I apologize if I sound ignorant here.. I am sure that to those of you that are, you probably find my questions here rather dumb... but I am certrainly not educated in how the legal system works..
Thank you for your time..

Walkssoftly

[Zephyr]

basically you will be making your appearance to the court via speaker phone in the court room, nothing special to know, you should have a lawyer but don't, so remain polite at all times, if you do feel the need to speak, preface it with excuse me and wait for the judge to address you, state clearly and calmly what you want, leave emotion and dramatics alone.

[walkssoftly]

Originally Posted by WANNACRY

basically you will be making your appearance to the court via speaker phone in the court room, nothing special to know, you should have a lawyer but don't, so remain polite at all times, if you do feel the need to speak, preface it with excuse me and wait for the judge to address you, state clearly and calmly what you want, leave emotion and dramatics alone.

Thank you very much for your input.. And yes.. I do agree. I should have an attorney, but cannot afford one.. So it is, I am hoping to be able to state to the court what I am seeking. Basically I am asking for the amount of alimony that isn't paid.. But I also would like to ask for re-imbursement from my x for the filing to re-open this case, and postage due also.
I'm not sure if I can request restitution for causing me great hardship and stress if it is possible, I'd like to do so, as maybe he won't do this again? I'm not by any means a vindictive person, I am disabled, and also care for our son that has severe dissabilities, and this situation has made it horribly hard on me to pay rent, and to also take care of my son's needs.

Thank you again.. and yes, I will definately leave the emotion out of it.. I have always been able to do so. I only want what I feel is fair and court ordered.

Walkssoftly

[walkssoftly]

My telephonic hearing today was ONLY to verify how much time needed for the hearing. Neither my x, nor I evidentally understood that, as we both were prepared to present our case..
We will now be contacted by mail as to when the hearing will take place.
My question now is this. I live in Arizona, and this case is to be held in Fl. My x husband has the funds to pay an attorney, I do not have any councel. This makes me very nervous, as I know very well that there will be questioning on the part of my x husbands attorney. How do I protect myself? How do I proceed to state my case? When I have no knowledge of all the educated abilities of an attorney. Is there hope for an appointed attorney for someone that is disabled and has no funds to fight for their rights? Any input would be greatly appreciated..

Thank you again for your time.

Walkssoftly

[brisgirl825]

Have you looked for legal aid programs in your state?

[walkssoftly]

Originally Posted by brisgirl825

Have you looked for legal aid programs in your state?

Hello brisgirl825,
Thank you.. Yes.. I have.. and they stated that they couldn't help me, because this case is from Florida. They told me I'd have to get an attorney in Fl. And since I am not a Fl resident, they can't help me in Fl! So I'm kind of between a rock and a hard place!
I was really suprised when all this came about, and I found that there was no help for a disabled person that could not afford an attorney. I sure wish there was one that could advise me... As it is, I am trying to research and do the best I can on my own..
Thank you kindly for your reply, I appreciate it greatly.

Walkssoftly

[Gracie3787]

Originally Posted by walkssoftly

My telephonic hearing today was ONLY to verify how much time needed for the hearing. Neither my x, nor I evidentally understood that, as we both were prepared to present our case..
We will now be contacted by mail as to when the hearing will take place.
My question now is this. I live in Arizona, and this case is to be held in Fl. My x husband has the funds to pay an attorney, I do not have any councel. This makes me very nervous, as I know very well that there will be questioning on the part of my x husbands attorney. How do I protect myself? How do I proceed to state my case? When I have no knowledge of all the educated abilities of an attorney. Is there hope for an appointed attorney for someone that is disabled and has no funds to fight for their rights? Any input would be greatly appreciated..

Thank you again for your time.

Walkssoftly

Since you don't have an attorney, the best way to protect yourself is to hire a court reporting service for the next hearing. It will cost about $50 to $60, but it is well worth it. Hopefully it will prevent the ex's attorney from pulling any "funny stuff" because he/she will know that every word will be recorded.

Since this is a non payment case, it should be fairly easy. There is a court order to pay- ex didn't pay, now it is up to the ex to prove why payment wasn't made. All you have to prove is that payment wasn't made. Good luck and hang in there. BTW- thank you for the thank you message- you made my day.
Gracie

[walkssoftly]

Originally Posted by Gracie3787

Since you don't have an attorney, the best way to protect yourself is to hire a court reporting service for the next hearing. It will cost about $50 to $60, but it is well worth it. Hopefully it will prevent the ex's attorney from pulling any "funny stuff" because he/she will know that every word will be recorded.

Since this is a non payment case, it should be fairly easy. There is a court order to pay- ex didn't pay, now it is up to the ex to prove why payment wasn't made. All you have to prove is that payment wasn't made. Good luck and hang in there. BTW- thank you for the thank you message- you made my day.
Gracie

You are welcome.. and it is I that am most gracious for the information. I think too many times ppl take others help for granted. Seems ppl always complaign when someone does something wrong, but rarely take the time to praise others for the GOOD things! So again.. thank you for this further info! I will definately look into this..
I agree that it should be?? cut and dried, but... my concern is that his attorney will ask me questions that do not pertain to this case, and since I don't have an attorney, I won't have anyone to protect me from answering questions that are none of their buisness.. Not that I have anything to hide, but I just think it's unfair, and also know how things can be "twisted" and make a person sound like they have not done right.
In this case, If I could do it, I'd ask for a lump settlement, so that I could be rid of dealing with him at all.. As I have no intentions of getting married, do not live with anyone, and have been this way for 19yrs!! I have no time to spend on me... as I stay pretty focused on our son that is disabled, and must deal with my own health issues, and don't feel it fair to any man to have to deal with all this.. So it is, it's not like I'm going to run out and get married so that he can stop the payments as the divorce decree states..
Don't believe that I'd be allowed to request that though, as they would probably say that this is not what the hearring is for. THIS is an area where as if I had an attorney, these things would be clear to me as to what I can, or can't do.. This case is in front of a magistrate, not a judge, but I imagine? the protocal is the same...
Anyway, thank you again for your information, it is so very appreciated.
Walkssoftly