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  1. #1
    Kayceegirlusa is offline Junior Member
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    What to do if you get an unfair judge

    What is the name of your state (only U.S. law)? Virginia
    I went to court for spousal support. My lawyer assured me that I would not need to list my expenses...that spousal support only depends on income.
    In court the judge asked for my expenses...I had nothing to show. My husband handed her a list of his legal "expenses". She actually cut back the amount he had been giving me voluntarialy when she saw his "expenses". A week after court I went to courthouse and saw what he said his expenses were. He committed perjury!
    I asked for a new trial. My husband didn't show up. I told the judge he committed perjury. She didn't care, she said she already decided the case. I told her I didn't have an opportunity to show what my expenses were, and I wanted to give her that information. Again, she said she didn't care because she already decided the case.
    How can a fair decision be made if she has only seen the "made up" expenses of one person and has no idea what the expenses of the other person is? What can I do about this judge not giving me a fair chance?
    Please help
  2. #2
    cbg
    cbg is offline Senior Member
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    Ask your lawyer.

    Seriously, there is nothing a message board can do that will force the judge to do it the way you want to.
    Two things I am tired of typing: 1.) A wrongful termination does not mean that you were fired for something you didn't do; it means that you were fired for a reason prohibited by law. 2.) The above answer, whatever it is, assumes that no legally binding contract or CBA expressly says otherwise. If it does, the terms of the contract apply.
  3. #3
    Kayceegirlusa is offline Junior Member
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    Quote Originally Posted by cbg View Post
    Ask your lawyer.

    Seriously, there is nothing a message board can do that will force the judge to do it the way you want to.
    Thank you for your response. I am hoping someone will know an option that I can take to get a fair chance. Everything I've read says that a judge should take into consideration the expenses and income of both parties. That was not done.

    I have read on my court papers that Social Services will step in and ask for a new trial if there is a change in material circumstances. I'm wondering if that "change" could refer to my expenses being taken into consideration.

    I had a "good" lawyer, he was a fellow of Matramonial (sp?) law...but he never advised me to make a list of expenses. My husband said he could declare bankruptcy. I asked my "good" lawyer to bring up the fact that he just received a $20,000.00 settlement from another case. My "good " lawyere didn't do that either.
  4. #4
    Rexlan is offline Senior Member
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    Quote Originally Posted by Kayceegirlusa View Post
    Thank you for your response. I am hoping someone will know an option that I can take to get a fair chance. Everything I've read says that a judge should take into consideration the expenses and income of both parties. That was not done.

    I have read on my court papers that Social Services will step in and ask for a new trial if there is a change in material circumstances. I'm wondering if that "change" could refer to my expenses being taken into consideration.

    I had a "good" lawyer, he was a fellow of Matramonial (sp?) law...but he never advised me to make a list of expenses. My husband said he could declare bankruptcy. I asked my "good" lawyer to bring up the fact that he just received a $20,000.00 settlement from another case. My "good " lawyere didn't do that either.
    Ok, so you get a new hearing and the judge says no change. Are you then going to complain that you didn't get xyz opportunity to prove your case so the judge is unfair?

    The case is resolved ... move on. Additionally, it isn't too sharp to go to court unprepared and apparently you knew that expenses are ALWAYS a consideration. If you make $500 a week with zero expenses you are much better off than if you make $5,000 a week with $6,000 a week in expenses!

    "Good" attorneys always love to have "good" clients. Just because you X received another settlement that does NOT entitle you to anything.

    Are you also on welfare?
  5. #5
    proud_parent is offline Senior Member
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    Quote Originally Posted by Kayceegirlusa View Post
    Thank you for your response. I am hoping someone will know an option that I can take to get a fair chance. Everything I've read says that a judge should take into consideration the expenses and income of both parties. That was not done.
    A judge must make a decision solely on the evidence presented at trial. The opposing party was better prepared for trial than were you.

    Quote Originally Posted by Kayceegirlusa View Post
    I have read on my court papers that Social Services will step in and ask for a new trial if there is a change in material circumstances. I'm wondering if that "change" could refer to my expenses being taken into consideration.
    No. A change of circumstance generally refers to a change in the conditions that existed at the time of the order. Your expenses have not changed since the judgment.

    Quote Originally Posted by Kayceegirlusa View Post
    I had a "good" lawyer, he was a fellow of Matramonial (sp?) law...but he never advised me to make a list of expenses. My husband said he could declare bankruptcy. I asked my "good" lawyer to bring up the fact that he just received a $20,000.00 settlement from another case. My "good " lawyere didn't do that either.
    Matrimonial. Lawyer.
    You may have received poor representation. That is not the fault of the judge.
    Last edited by proud_parent; 06-11-2011 at 10:55 AM.
  6. #6
    Kayceegirlusa is offline Junior Member
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    Quote Originally Posted by Rexlan View Post
    Ok, so you get a new hearing and the judge says no change. Are you then going to complain that you didn't get xyz opportunity to prove your case so the judge is unfair?

    The case is resolved ... move on. Additionally, it isn't too sharp to go to court unprepared and apparently you knew that expenses are ALWAYS a consideration. If you make $500 a week with zero expenses you are much better off than if you make $5,000 a week with $6,000 a week in expenses!

    "Good" attorneys always love to have "good" clients. Just because you X received another settlement that does NOT entitle you to anything.

    Are you also on welfare?
    Wow....I'm amazed as to the lack of concern for someone not getting a fair chance.
    You are wrong on your assumption. I did NOT know expenses were going to be considered. I asked my lawyer, he ASSURED me that I would not need them. I went to a lawyer because I don't know the law...I wanted to ask someone who supposedly knew what was the right thing to do. I repeat...I did NOT know expenses were to be considered.

    My husband receiving a settlement of $20,000.00 should have alerted the judge to question his statement of claiming bankruptcy.

    I am not on welfare.

    What I have written is that I have read (after my court case) that a judge is supposed to make a fair decision based on the income and expenses of both parties. That was NOT done in my case. All I want done is to have a fair chance to show my financial status. ....and to have a judge see that the amount of spousal support that was alloted to me was based on purely fictional expenses of my ex.

    Why is it so hard to understand that I am looking for a way for this to be dealt with fairly and honestly.
  7. #7
    Zigner is offline Senior Member
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    Quote Originally Posted by Kayceegirlusa View Post
    Wow....I'm amazed as to the lack of concern for someone not getting a fair chance.
    You are wrong on your assumption. I did NOT know expenses were going to be considered. I asked my lawyer, he ASSURED me that I would not need them. I went to a lawyer because I don't know the law...I wanted to ask someone who supposedly knew what was the right thing to do. I repeat...I did NOT know expenses were to be considered.

    My husband receiving a settlement of $20,000.00 should have alerted the judge to question his statement of claiming bankruptcy.

    I am not on welfare.

    What I have written is that I have read (after my court case) that a judge is supposed to make a fair decision based on the income and expenses of both parties. That was NOT done in my case. All I want done is to have a fair chance to show my financial status. ....and to have a judge see that the amount of spousal support that was alloted to me was based on purely fictional expenses of my ex.

    Why is it so hard to understand that I am looking for a way for this to be dealt with fairly and honestly.
    Why are there two active threads on this subject?
  8. #8
    proud_parent is offline Senior Member
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    Quote Originally Posted by Kayceegirlusa View Post
    What I have written is that I have read (after my court case) that a judge is supposed to make a fair decision based on the income and expenses of both parties. That was NOT done in my case. All I want done is to have a fair chance to show my financial status. ....and to have a judge see that the amount of spousal support that was alloted to me was based on purely fictional expenses of my ex.
    It is not the responsibility of the judge to discover the income or expenses of either party. You (or your attorney) should have been better prepared to present evidence of your expenses and to refute any incorrect claims presented by the opposing party.
  9. #9
    proud_parent is offline Senior Member
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    Quote Originally Posted by Zigner View Post
    Why are there two active threads on this subject?
    Because OP is fishing for different responses.
  10. #10
    Kayceegirlusa is offline Junior Member
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    Quote Originally Posted by proud_parent View Post
    It is not the responsibility of the judge to discover the income or expenses of either party. You (or your attorney) should have been better prepared to present evidence of your expenses and to refute any incorrect claims presented by the opposing party.
    Thank you for your response...It sounds like even though I hired an expensive lawyer that I thought knew his job.....I get an unfair judgement and have no recourse. I don't know the legal system, I thought I did what was a smart thing to do.

    When the judge authorized the motion for a new hearing, I thought I had a chance to present evidence that was not presented at the first hearing...I thought I had a chance to show how my husband committed perjury. I had no chance to do either.

    I'm amazed no one is concerned about someone committing perjury under oath!
  11. #11
    proud_parent is offline Senior Member
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    Quote Originally Posted by Kayceegirlusa View Post
    Thank you for your response...It sounds like even though I hired an expensive lawyer that I thought knew his job.....I get an unfair judgement and have no recourse. I don't know the legal system, I thought I did what was a smart thing to do.

    When the judge authorized the motion for a new hearing, I thought I had a chance to present evidence that was not presented at the first hearing...I thought I had a chance to show how my husband committed perjury. I had no chance to do either.

    I'm amazed no one is concerned about someone committing perjury under oath!
    Please. Close this thread and stick to your other one.
  12. #12
    Kayceegirlusa is offline Junior Member
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    Quote Originally Posted by proud_parent View Post
    A judge must make a decision solely on the evidence presented at trial. The opposing party was better prepared for trial than were you.


    No. A change of circumstance generally refers to a change in the conditions that existed at the time of the order. Your expenses have not changed since the judgment.



    Matrimonial. Lawyer.
    You may have received poor representation. That is not the fault of the judge.


    My expenses have changed, in two weeks I'll be investing $4488.00 to correct my teeth. Do you think that would qualify as a "change"?

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