Legally Abusive ex-husband

[Survivor1]

My ex-husband hired an attorney who especializes in taking children away from their mothers. After having survived numerous custody traps, I convinced my attorney to request a guardian because our son has been emotionally and physically abused by my ex-husband. As a result, an extremely incompetent guardian was appointed to my case. She was manipulated and lied to which lead for her to recommend a custody and possession change. Even with copious notes and evidence that abuse had been going on, the court, guardian, attorneys are not knowledgeable about it. My attorney didn't present my case in court because he was concerned that my ex would continue to harass me legally and financially making me unable to move on with my life. My ex's attorney files frivolous motions (90% of the total motions filed by him), papers attorneys down (in an effort to escalate attorneys fees), threatens with filing motions, etc. During the last court hearing, I was ordered to pay for his attorney's fees (50K). Recently, the money in my bank (which was no were near the total of the attorneys fees) was garnished and the bank was instructed to keep any further deposits until the amount is paid off. This leaves me no money to live on. Do any of you have any suggestions? I have changed attorneys in the past and I can't really afford to hire another incompetent attorney. My case was heard in Texas.

 

[mistoffolees]

My ex-husband hired an attorney who especializes in taking children away from their mothers. After having survived numerous custody traps, I convinced my attorney to request a guardian because our son has been emotionally and physically abused by my ex-husband. As a result, an extremely incompetent guardian was appointed to my case. She was manipulated and lied to which lead for her to recommend a custody and possession change. Even with copious notes and evidence that abuse had been going on, the court, guardian, attorneys are not knowledgeable about it. My attorney didn't present my case in court because he was concerned that my ex would continue to harass me legally and financially making me unable to move on with my life. My ex's attorney files frivolous motions (90% of the total motions filed by him), papers attorneys down (in an effort to escalate attorneys fees), threatens with filing motions, etc. During the last court hearing, I was ordered to pay for his attorney's fees (50K). Recently, the money in my bank (which was no were near the total of the attorneys fees) was garnished and the bank was instructed to keep any further deposits until the amount is paid off. This leaves me no money to live on. Do any of you have any suggestions? I have changed attorneys in the past and I can't really afford to hire another incompetent attorney. My case was heard in Texas.

Unless you can prove some blatant error on the judge's part, it's very hard to reverse this type of decision.

As for the frivolous motions, the court doesn't really care if you consider them to be frivolous or not. In the US, at least, people are allowed to file any kind of claim they wish and they're entitled to be heard. You can write your congressman and push for 'loser pays' in our legal system, but other than that, you're pretty much stuck. If you didn't think your attorney was properly representing you, you should have spoken up then - not after the final decision.

Frankly, if you don't have money to live on, I'd open a different account with a different bank and put the money there -- and make regular payments on your debt. The OP can go back and garnish a new account, but you'll probably have a chance to work out a payment schedule which leaves you enough to live on.