Attorney's Fees

[LEWIS61]

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

My ex-wife and I had a mediation settlement in December 2007. After that settlement, she decided that she wanted moneys she thought I owed her prior to this settlement. With her attorney's backing, they fought with me and my attorney for 5 months, finally going to court in May 2008. That motion was denied by the judge; however, because I was a month late (discovered that morning) on my settlement payment on our 2nd equity loan, I was found in contempt for that, she was awarded a "percentage" of attorney fees. I had already worked it out with the 2nd equity loan to have it back up to date in May. I heard nothing until the end of October 2008. I got an order to pay $1140 in attorney's fees (the entire amount) based on a hearing I was not invited too participate in. I live in SC, this occurred in NC. I then received a notice on November 28 to appear in court December 8 to "show cause" and contempt. I have not been able to afford an attorney since my May hearing but I was able to get a continuance for this hearing until January. My questions are: Shouldn't I have been notified of the hearing in October to argue the amount of attorney's fees? Can this be dismissed because I wasn't notified? Is the order in May considered a "Proposed Order" and should it have been decided in a more timely manner?

 

[Bali Hai]

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

My ex-wife and I had a mediation settlement in December 2007. After that settlement, she decided that she wanted moneys she thought I owed her prior to this settlement. With her attorney's backing, they fought with me and my attorney for 5 months, finally going to court in May 2008. That motion was denied by the judge; however, because I was a month late (discovered that morning) on my settlement payment on our 2nd equity loan, I was found in contempt for that, she was awarded a "percentage" of attorney fees. I had already worked it out with the 2nd equity loan to have it back up to date in May. I heard nothing until the end of October 2008. I got an order to pay $1140 in attorney's fees (the entire amount) based on a hearing I was not invited too participate in. I live in SC, this occurred in NC. I then received a notice on November 28 to appear in court December 8 to "show cause" and contempt. I have not been able to afford an attorney since my May hearing but I was able to get a continuance for this hearing until January. My questions are: Shouldn't I have been notified of the hearing in October to argue the amount of attorney's fees? Can this be dismissed because I wasn't notified? Is the order in May considered a "Proposed Order" and should it have been decided in a more timely manner?

You were born a man. Therefore, the court gives you no consideration of due process whatsoever. Expect to be jerked around even more.

You wanted evidence mistiferanne? Well here is some of it!!

 

[mistoffolees]

You were born a man. Therefore, the court gives you no consideration of due process whatsoever. Expect to be jerked around even more.

You wanted evidence mistiferanne? Well here is some of it!!

Some evidence of your inability to logically process data, sure.

Where is the evidence that he was discriminated against because he was a man? Or that the court favored his ex because she was a woman?

In reality, the system is designed to give everyone full access. Sometimes, that means frivolous suits occur. It happens to men and it happens to women.

If he was truly not notified of a hearing and something was decided at the hearing that hurt him, then he can appeal it and have it withdrawn. The system isn't perfect and has a mechanism to correct errors. That doesn't mean that it's sexist.

Now, where is that 'evidence' you were going to provide?

 

[LEWIS61]

Sometimes I do think it's sexist but I try not to believe it....

I had assumed I would have to appeal but didn't know if I needed to do that before the "show cause" hearing, reopen it during this hearing or just write a letter to the judge now voicing my concerns. I have asked her attorney for an itemized breakdown of these charges but as of today, no response. This has been a long 3 year battle, I hope this is the end of it....

Thanks for the responses!

 

[InsaneJane]

Hang in there. There is always a light at the end of the tunnel!

Just be ready to jump off the tracks if it's a frieght train heading your way.

 

[45Frank]

Ok here is some proof from a man.

My Ex has a FRO active. IN court she flipped out and said she would kill me and our children. Judge let her walk.

She owes twenty thousand in CS and has been allowed to walk out of court at least three times without even paying purge amounts. Once even saying I ain't paying him a F______ penny.

The FRO has been broken hundreds of times, locals as well as county won't even listen to me, has costs thousands in losses. Even had a Judge to cover the ass of his county workers try to tell me his county didn't have to honor a FRO from another county. Not True. A women attorney (women Dom. Violence advocate.)sitting in court who I didn't even know stood up and explained to the Judge he was wrong. He caved to her but still didn't do a thing to the half dozen county and locals I subpoenaed to ask why they wouldn't take a death threat seriously with a FRO in place. He still dismissed them.
The one was a Sergent in the county DV bureau. I at the time taped his conversation and it was legal he said "well she's a women and fear a lawsuit, backlash".
I have spent way to much time in Family court, I don't care what the law states but there is a biased against men I have seen and heard things that just couldn't believe.

Oh I could go on for several more pages but I'm boring you I'm sure.

Some evidence of your inability to logically process data, sure.

Where is the evidence that he was discriminated against because he was a man? Or that the court favored his ex because she was a woman?

In reality, the system is designed to give everyone full access. Sometimes, that means frivolous suits occur. It happens to men and it happens to women.

If he was truly not notified of a hearing and something was decided at the hearing that hurt him, then he can appeal it and have it withdrawn. The system isn't perfect and has a mechanism to correct errors. That doesn't mean that it's sexist.

Now, where is that 'evidence' you were going to provide?

 

[mistoffolees]

Ok here is some proof from a man.

My Ex has a FRO active. IN court she flipped out and said she would kill me and our children. Judge let her walk.

She owes twenty thousand in CS and has been allowed to walk out of court at least three times without even paying purge amounts. Once even saying I ain't paying him a F______ penny.

The FRO has been broken hundreds of times, locals as well as county won't even listen to me, has costs thousands in losses. Even had a Judge to cover the ass of his county workers try to tell me his county didn't have to honor a FRO from another county. Not True. A women attorney (women Dom. Violence advocate.)sitting in court who I didn't even know stood up and explained to the Judge he was wrong. He caved to her but still didn't do a thing to the half dozen county and locals I subpoenaed to ask why they wouldn't take a death threat seriously with a FRO in place. He still dismissed them.
The one was a Sergent in the county DV bureau. I at the time taped his conversation and it was legal he said "well she's a women and fear a lawsuit, backlash".
I have spent way to much time in Family court, I don't care what the law states but there is a biased against men I have seen and heard things that just couldn't believe.

Oh I could go on for several more pages but I'm boring you I'm sure.

Yes, you and Bali could go on for more pages, but it still wouldn't constitute real evidence of much of anything.

There are plenty of situations where FROs are pretty much ignored for both men and women. It's sad that yours was broken, but that doesn't mean that the court was sexist. There are plenty of women who will report that their FRO was broken, too.

People who set out looking for discrimination will always find it. Isn't it funny how that works?

 

[45Frank]

You want to here the funniest part.
I didn't go to court to try to get a FRO, SHE called the law from hundreds of miles away and said I tried to kill her. After being arrested humiliated, abused, had my house ransacked by the law, spent time in Jail.
We went in front of a FeMale Judge who listened to the case. They dropped the Temp. against me and gave me a Final against her. Never even asked for it. It has helped somewhat keeping her away.
But the law laughs at it for the most part, that's wrong Male or FeMale.

If the Judges just used their brains and didn't use the system as Job Security there wouldn't be 10% of cases in Family court today.

 

[mistoffolees]

You want to here the funniest part.
I didn't go to court to try to get a FRO, SHE called the law from hundreds of miles away and said I tried to kill her. After being arrested humiliated, abused, had my house ransacked by the law, spent time in Jail.

Wait a second. You said that they didn't do anything to her. Now you're saying she spent time in jail.

No wonder your story isn't very believable. You can't even keep it straight yourself.

 

[45Frank]

No that was me who spent the time in Jail, she called the law from hundreds of miles away and said I tried to kill her, they actually sent a swat like team to my house because I used to deal in firearms(legally)it was easy to prove I wasn't in the area she said I was.
Sorry if that wasn't clear.

Wait a second. You said that they didn't do anything to her. Now you're saying she spent time in jail.

No wonder your story isn't very believable. You can't even keep it straight yourself.

 

[Bali Hai]

No that was me who spent the time in Jail, she called the law from hundreds of miles away and said I tried to kill her, they actually sent a swat like team to my house because I used to deal in firearms(legally)it was easy to prove I wasn't in the area she said I was.
Sorry if that wasn't clear.

You want to know why you went to jail and your ex will NEVER spend one minute in jail??

Just because she SAID you tried to kill her, the judge will issue a warrant for your arrest without thinking twice about it. We need to protect these poor defenseless women!!

When you say that she tried to kill you, you aren't taken seriously because women just don't kill men!! And if they do, who cares??

 

[45Frank]

My Ex. has more then a half dozen felony warrants active for her. Including owing nearly 20 thousand in back CS. She has walked out of court more times then I could count. She has told a Judge "I will never pay him a penny" and the judge waved good bye. She has been in custody with the warrants and just walked out of court. With the FRO she in front of a Judge and a court room full of people threatened my life as well as our children. They did nothing.
I am fair, honest and always will be. But even though I've had success in court she still gets away with anything, they just don't care.

You want to know why you went to jail and your ex will NEVER spend one minute in jail??

Just because she SAID you tried to kill her, the judge will issue a warrant for your arrest without thinking twice about it. We need to protect these poor defenseless women!!

When you say that she tried to kill you, you aren't taken seriously because women just don't kill men!! And if they do, who cares??