Hearing in two hours, please help!

[CharlieT23]

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

Hearing #15, over 13 years.

In hearing 2 mo. ago, ex's attorney withdrew. Yesterday when I called the courts, I learned that the attorney is NOW representing my ex again. No notification to me. He's also claiming I was overpaid & no documentation has ever been provided to me for his false claim.

Can I ask the judge to hold the attorney "in contempt"? Or what actions can I request regarding the attorney's deceitful practices?

 

[Proserpina]

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

Hearing #15, over 13 years.

In hearing 2 mo. ago, ex's attorney withdrew. Yesterday when I called the courts, I learned that the attorney is NOW representing my ex again. No notification to me. He's also claiming I was overpaid & no documentation has ever been provided to me for his false claim.

Can I ask the judge to hold the attorney "in contempt"? Or what actions can I request regarding the attorney's deceitful practices?

What do you wish to accomplish?

It's going to have absolutely no bearing on the hearing....

 

[CharlieT23]

I believe that my ex's attorney should NOT be able to represent my ex in today's hearing. He just recently (day or two ago) filed a motion to be his legal representation, with NO notice to me. Furthermore, if he's claiming that I've been overpaid, he must have to provide some sort of documentation to support what he's claiming. Rules, rules, rules. He is NOT following court rules. I have to be provided documentation in advance. I need to be notified of his legal representation in advance. As it stands, I'm at a great disadvantage with no time to review or gather my documentation.

 

[Proserpina]

I believe that my ex's attorney should NOT be able to represent my ex in today's hearing. He just recently (day or two ago) filed a motion to be his legal representation, with NO notice to me. Furthermore, if he's claiming that I've been overpaid, he must have to provide some sort of documentation to support what he's claiming. Rules, rules, rules. He is NOT following court rules. I have to be provided documentation in advance. I need to be notified of his legal representation in advance. As it stands, I'm at a great disadvantage with no time to review or gather my documentation.

When were you notified of today's hearing?

 

[CharlieT23]

two months ago. After that hearing, his attorney withdrew. And now at the last minute, he's back representing him.

 

[Antigone*]

two months ago. After that hearing, his attorney withdrew. And now at the last minute, he's back representing him.

I don't see how your ex getting his attorney back has any bearing on how you were able to prepare yourself for the hearing.

 

[CharlieT23]

His attorney is claiming over payment, not me. Therefore, should his attorney or my ex be providing documentation supporting that? That way I could respond with my own documentation.

 

[Proserpina]

His attorney is claiming over payment, not me. Therefore, should his attorney or my ex be providing documentation supporting that? That way I could respond with my own documentation.

You don't need to.

The burden of proof is on your ex and his attorney.

Either way, in all honesty you're doing nothing but prolonging the inevitable even IF you managed to get a continuance (which you can of course request).

If you haven't been overpaid, why bother?

 

[Isis1]

His attorney is claiming over payment, not me. Therefore, should his attorney or my ex be providing documentation supporting that? That way I could respond with my own documentation.

How did you find out about the attorney?

What you can do is request a continuance to prepare for the matter the just assigned representation.

I had an attorney do this to me once. I gave the attorney a 13 page response at the hearing. Judge told her, either she reads it, or the judge will continue the matter. The attorney shut up quick.

 

[CharlieT23]

You don't need to.

The burden of proof is on your ex and his attorney.

Either way, in all honesty you're doing nothing but prolonging the inevitable even IF you managed to get a continuance (which you can of course request).

If you haven't been overpaid, why bother?

I don't want them to take money away from me. That's my fear. They are going to take money away from me that is mine. I haven't been overpaid, but my ex's attorney just started claiming I've been overpaid before the hearing.

 

[Proserpina]

I don't want them to take money away from me. That's my fear. They are going to take money away from me that is mine. I haven't been overpaid, but my ex's attorney just started claiming I've been overpaid before the hearing.

You indicated that the overpayment claim is very recent - obviously made after the hearing was scheduled.

What is the purpose of the hearing itself?

 

[mistoffolees]

I don't want them to take money away from me. That's my fear. They are going to take money away from me that is mine. I haven't been overpaid, but my ex's attorney just started claiming I've been overpaid before the hearing.

First step, don't panic.

The attorney can claim that you're an alien from Neptune. That's not relevant, either.

What matters is what the attorney can prove. Do you have records of what you were paid and when? Then you simply object to the attorney claiming that you were overpaid and ask for proof. If they come up with something, you challenge it on the basis of your evidence. You can also question their claims and object to anything that's not legally admissible.

 

[CharlieT23]

I don't see how your ex getting his attorney back has any bearing on how you were able to prepare yourself for the hearing.

With the courts and all of it's rules & procedures, I don't think that it is right for an attorney to withdraw (paperwork filed & I received my copy) and then the day before the hearing he is representing again. The state received a phone call the day before the hearing & I received nothing. I find it hard to believe that that is appropriate. Certainly there must be time frames of notification to involved parties?! Since 24 hours advance notice to "some" parties shouldn't be right, I'd think that the attorney should NOT have been able to represent. Let the ex represent himself. When I mentioned this to the judge, she did not seem to find anything wrong with it.

 

[Isis1]

Antigone*of*Greece:
I don't see how your ex getting his attorney back has any bearing on how you were able to prepare yourself for the hearing.


With the courts and all of it's rules & procedures, I don't think that it is right for an attorney to withdraw (paperwork filed & I received my copy) and then the day before the hearing he is representing again. The state received a phone call the day before the hearing & I received nothing. I find it hard to believe that that is appropriate. Certainly there must be time frames of notification to involved parties?! Since 24 hours advance notice to "some" parties shouldn't be right, I'd think that the attorney should NOT have been able to represent. Let the ex represent himself. When I mentioned this to the judge, she did not seem to find anything wrong with it.

I have an explanation for a possible reason of instant representation. Bundled services. Hiring an attorney for only a hearing. So, you were asked a question I have not seen an answer to. What was the hearing for that was scheduled for today?

 

[CharlieT23]

You indicated that the overpayment claim is very recent - obviously made after the hearing was scheduled.

What is the purpose of the hearing itself?

In our hearing 2 months ago, my ex's attorney claimed that I had been overpaid (state intercepted his tax refund). Not true. So I was concerned that when I'd walk into court today, he'd lie & try to get some of this money back from me. What I also did not realize is that there was additional $ the state was sitting on. Today's hearing was to determine if I was paid in full. Do they give me more of that held $, or release the $ to my ex. And interestingly enough, NO claim by my ex's attorney today that I was overpaid. (The attorney probably just stated that in our previous hearing to panic my ex & make my ex think that he needed the attorney for our next hearing... he smelled money). Although my ex still owes me several thousands of dollars for awarded court costs & attorney fees I've incurred due to his non-compliance over the years, I was told that they can only collect child support & medical bills. Not the court costs & attorney fees, so they're releasing the additional money that should be coming to me.

The million dollar question is, how to collect on awarded attorney fees and court costs?

What was the hearing for that was scheduled for today?

Thanks for your reply, I answered your question above