Can't pay for transcript; what now?

[marcsmom]

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

Filed for div in Oct 2009 after discovering emails spanning many years that husband of 31 years is gay. I confronted him, he beat me up, I left 4 days later and filed. Was granted an injunction against domestic violence. He has attorney, I don't except for one contempt hearing.

He was ordered to pay temp alimony; he paid only what he wanted; I filed for contempt; he was found to be in arrears 11K.

I am required to go through Family Court Services to schedule hearings for me. They failed to do so. I have emails between me and supervisor of that dept.

I have 7 motions that were not heard.

Referred to General Magistrate and I objected. Final hearing was held anyway. Did not grant attorneys fees for fighting contempt b/c she says I didn't ask. I have 3 motions filed that I did ask. Said she didn't have time to look at his bank statements to see he has side business and is living above means on reported income. Did not grant me insurance policy to secure support. Refused to hear motion to compel discovery because time period allowed for divorce has passed.

I filed exceptions to magistrates report and recommendation. New Judge gave me 90 days to pay for transcript. I cannot feed myself or buy medications. Husband terminated my health insurance to ensure I couldn't pay for transcript.

Is the proper thing for me to write Judge and tell him I cannot provide transcript or should I just file and appeal after he goes ahead and signs final judgement?

Should I file contempt for husband cancelling insurance that he was ordered to keep? Is it too late for that to matter. Once divorce is final I have to get own insurance. I don't want to make the judge mad about complaining about health insurance but he hasn't obeyed any orders of the court and that's why I can't get on my feet.

I was married 31 years, I'm 60. I can't find work b/c I am diagnosed with Major Depression, Social Anxiety, and pTSD.

I used to have a career. I'm not after permanent alimony, just enough time to get medications to stabilize me and get back to work.

Should I make a formal complaint about Family Sourtj Services not scheduling hearings that would have disposed of all this?

I read in FL laws that I do have an appeal because hearing was held by Magistrate over my timely objections. I'd like to get this Judge to at least read the file.

Can anyone advise me on this?

 

[swalsh411]

Respectfully, I think the help you need goes beyond from a free Internet forum can provide. Where is your attorney in all this?

 

[ecmst12]

And you need to apply for medicaid.

 

[AnonUserName]

http://floridalawhelp.org/issues/family-law

http://www.flcourts.org/gen_public/family/self_help/legal_aid.shtml

http://www.legalaid.org/coasttocoast/family/

http://www.floridabar.org/tfb/TFBConsum.nsf/48e76203493b82ad852567090070c9b9/a949d517a480a5a685256b2f006c5c77?OpenDocument

These are legal aid sites for Florida. Start calling and see if you qualify as you really need an attorney.

 

[Ohiogal]

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

Filed for div in Oct 2009 after discovering emails spanning many years that husband of 31 years is gay. I confronted him, he beat me up, I left 4 days later and filed. Was granted an injunction against domestic violence. He has attorney, I don't except for one contempt hearing.

He was ordered to pay temp alimony; he paid only what he wanted; I filed for contempt; he was found to be in arrears 11K.

Okay.

I am required to go through Family Court Services to schedule hearings for me. They failed to do so. I have emails between me and supervisor of that dept.

Emails matter not when dealing with court normally. Motions are the way to properly handle things.

I have 7 motions that were not heard.

Did you properly file them? Did you properly request they be heard?

Referred to General Magistrate and I objected. Final hearing was held anyway. Did not grant attorneys fees for fighting contempt b/c she says I didn't ask. I have 3 motions filed that I did ask.

What were the motions? How did you ask?

Said she didn't have time to look at his bank statements to see he has side business and is living above means on reported income

How did you attempt to introduce his bank statements into evidence? Properly? Or did you just attempt to hand the bank statements to the magistrate and say please look at these?

Did not grant me insurance policy to secure support.

Does spousal support end at death? If so, then you are not entitled to be beneficiary of life insurance paid by him.

Refused to hear motion to compel discovery because time period allowed for divorce has passed.

When did you file for discovery? When did you file the motion to compel? Sounds like you missed deadlines.

I filed exceptions to magistrates report and recommendation. New Judge gave me 90 days to pay for transcript. I cannot feed myself or buy medications. Husband terminated my health insurance to ensure I couldn't pay for transcript.

Husband is not required to provide your health insurance after divorce, now is he? When did he cancel it?

Is the proper thing for me to write Judge and tell him I cannot provide transcript or should I just file and appeal after he goes ahead and signs final judgement?

No. You cannot write to the judge. That would be unethical communication. You can only appeal on mistake of law. Not mistake of fact. And you don't appear to have a good grasp of the law.

Should I file contempt for husband cancelling insurance that he was ordered to keep? Is it too late for that to matter. Once divorce is final I have to get own insurance. I don't want to make the judge mad about complaining about health insurance but he hasn't obeyed any orders of the court and that's why I can't get on my feet.

Quit -- quit relying on this man quite frankly. You need to move beyond this. File for Medicaid. When did this man cancel insurance? Before the final trial? If so then you should have brought it up then.

I was married 31 years, I'm 60. I can't find work b/c I am diagnosed with Major Depression, Social Anxiety, and pTSD.

I used to have a career. I'm not after permanent alimony, just enough time to get medications to stabilize me and get back to work.

Should I make a formal complaint about Family Sourtj Services not scheduling hearings that would have disposed of all this?

Did you properly file for motions and request your hearings?

I read in FL laws that I do have an appeal because hearing was held by Magistrate over my timely objections. I'd like to get this Judge to at least read the file.

Can anyone advise me on this?

You need an attorney because you do not appear to have a grasp on the rules (evidence, procedure) or the law. And I highly doubt you have researched caselaw.

 

[Doreen]

...I filed exceptions to magistrates report and recommendation.
New Judge gave me 90 days to pay for transcript...

Is the proper thing for me to write Judge and tell him I cannot provide transcript
or should I just file and appeal after he goes ahead and signs final judgement?

You will need transcripts for an appeal

 

[Ohiogal]

You will need transcripts for an appeal

NOt necessarily. There are methods for appealing without a transcript. There are also methods for obtaining a transcript when impoverished but this OP is over her head and really needs an attorney.

 

[Doreen]

NOt necessarily. There are methods for appealing without a transcript. There are also methods for obtaining a transcript when impoverished but this OP is over her head and really needs an attorney.

In a divorce case such as this there is no method for appealing to a state court of appeals without a transcript.

With the exception of stipulated agreements by parties on need for transcripts, which is unlikely, or if what was said at the trial or hearing has nothing to do with the issues for the appeal, which is just as unlikely, a complete record will be required.

Whether transcripts are paid by her or at public expense, they are necessary. Which leads to a point raised she may request the district court as an impoverished person to obtain the transcripts she needs without cost. Information for that may be available from the clerks office.

But OP is in over her head and going nowhere but down in this case, without an attorney to take her case to district court for her. Since there appears to be a good bit at stake on her end, she really should try to find some way to retain one.