Change of venue due to conflict of interest

[katiesmith70]

What is the name of your state (only U.S. law)? Georgis

 

[katiesmith70]

Meant to say can I change the court if the opposing party has a family member who is a lawyer - a special assistant attorney general in the county where I went to court . I want to appeal but feel verdict will be the same

 

[Silverplum]

Meant to say can I change the court if the opposing party has a family member who is a lawyer - a special assistant attorney general in the county where I went to court . I want to appeal but feel verdict will be the same

What was the error of law upon which you plan to base your appeal? I don't know how you think this affected your case.

 

[tranquility]

Meant to say can I change the court if the opposing party has a family member who is a lawyer - a special assistant attorney general in the county where I went to court . I want to appeal but feel verdict will be the same

If you did not move for a change of venue in your answer, that horse has left the barn. I wouldn't worry too much about it as your reason seems weak or non-existent. As to an appeal, what do you think the court did wrong? If got the facts wrong, the level to win on appeal is no reasonable jurist could have found the same way. If a legal issue, then as long as it is material, you might win an appeal.

 

[katiesmith70]

I went to court as my ex husband and I couldn't agree on child support . He currently gives me $400 a month for 2 children . He also does not contribute to any activities or after school care . He was unemployed at the time of divorce . He now is self employed and has a significant increase in come . We presented all the facts in court but the judge didn't award me anymore . Nothing . Zero . I'm baffled and so is my attorney . In fact the focus was more on me than my ex and his earnings . Feel at a loss . Im not from this country and need more financial help from him but he doesn't want to give anymore . Seems fishy that his cousin is an attorney there . I had to file where he now lives. I live in a different county .

 

[katiesmith70]

Also I pay for all the medical insurance
. Don't understand how the judge didn't even award anything more for his 2 children who are getting older and needs are more

 

[tranquility]

These are guidelines, not requirements. But, at:

http://cscalc.gaaoc.us/

you might see if the amount you are receiving is in the ballpark.

 

[katiesmith70]

Thanks - a child support worksheet was done and I do get more . The judge ignored all the facts given to him
And focused on my earnings . My ex lawyer even asked me if I could work more if I wanted to . I work par time but work extra when I can but also want to spend time with my children who are young . My attorney says that I could file for a motion to reconsider as he thinks the judge got it wrong ! The judge Didn't even ask my ex to pay for anything . No summer camp , extra curricular activities nothing .
I'm apprehensive about going back to the same judge

 

[Proserpina]

Thanks - a child support worksheet was done and I do get more . The judge ignored all the facts given to him
And focused on my earnings . My ex lawyer even asked me if I could work more if I wanted to . I work par time but work extra when I can but also want to spend time with my children who are young . My attorney says that I could file for a motion to reconsider as he thinks the judge got it wrong ! The judge Didn't even ask my ex to pay for anything . No summer camp , extra curricular activities nothing .
I'm apprehensive about going back to the same judge

Did you get imputed full time wages? Is that perhaps why you didn't get an increase?

Why is your attorney unwilling to file a motion if he thinks the Judge "got it wrong"?

Was Dad previously paying for the extra-curriculars? Did you schedule these on Dad's time without his input?

 

[tranquility]

Thanks - a child support worksheet was done and I do get more . The judge ignored all the facts given to him
And focused on my earnings . My ex lawyer even asked me if I could work more if I wanted to . I work par time but work extra when I can but also want to spend time with my children who are young . My attorney says that I could file for a motion to reconsider as he thinks the judge got it wrong ! The judge Didn't even ask my ex to pay for anything . No summer camp , extra curricular activities nothing .
I'm apprehensive about going back to the same judge

Unless the amount is wildly outside the guidelines, and I mean wildly, the motion to reconsider is about all you have.

 

[Silverplum]

You have an attorney: it would be irresponsible of us to go against his advice.

 

[katiesmith70]

I schedule the one activity they do on my time . I work 32 hours a week but have to pay more in childcare if I work more . I already pay approx $400-$500 a month. I have no family here as moved here when we were married . He abducted the children for 5 weeks when we split up . Had to go to court to get them back . And other thing his mother lives with him and pays all the bills and gives him rent money as it is his house He said he wasn't giving me anymore and he was proved right . I just want a reasonable amount as I'm trying to give them a nice life .
I'm thankful I have my children and that is the main thing but feel like I've been screwed so to speak

 

[katiesmith70]

My attorney says that we could file a motion to reconsider and I want to but at a different court with a different judge

 

[latigo]

Meant to say can I change the court if the opposing party has a family member who is a lawyer - a special assistant attorney general in the county where I went to court . I want to appeal but feel verdict will be the same

Forgive me for saying so, but you are like the person searching for a black cat in a dark room when there is no cat.

As here where the right of one party to have a cause of action tried in another forum because of the kinship between an opposing party and their attorney of record is like the missing cat. "Missing" in that it is not grounds to change the place of the trial or "change the court" as you put it

Not so under Alabama's Rules of Civil Procedure nor such rules of any other of the of 49 states. Nor is such a relationship legally objectionable for any other purpose. (Some folks will even admit that they have relatives that are lawyers.)

Also, even when established grounds do exist, a motion to that effect needs to be filed, noticed, argued, heard and ruled on long before the case is set for trial. Here it seems that the case has been tried and decided against you. So its a little late to be thinking about "changing the court".
_______________________

What could be questionable is the propriety of a deputy or assistant to the state's attorney general appearing as the attorney of record for a private citizen. I don't know about Alabama, but it sure wouldn't happen in my state.

But then we differ a great deal from some of you red necks. Like we don't display "the bars and stars" honoring 19th century plantation owners that allowed the poor to fight the battles in their war to perpetuate their enslavement of other human beings.

 

[katiesmith70]

Ha well I wouldn't say I'm a redneck
I'm actually from England and have been here 5 years .