• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Very unfair divorce and support settlement

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Kdjarka

Junior Member
What is the name of your state? Illinois
My friend, Lynn, has been cheated. Unfortunately, the divorce settlement has been completed. But here's the deal. There are many items but here are two major things: 1) she has not been able to get any lawyer (she has had three) to fight for her. Her ex was told to sell stocks that were in his company plans (SBC) and split the proceeds with Lynn and yet none of her lawyers has given her any information on these transactions. Also, her ex has lied about the fact that he doesn't have a pension plan when we know he does. It didn't get put in the QDRO. 2) she knows her ex has had a couple pay increases, yet is unable to get the child support increased. She has attempted to go it alone only for the judge to say she needs representation. She can't afford it. She needs to subpoena his tax returns and payroll records to prove he has a pension and increase in wages yet she is told that this is not possible. What gives? She makes less than $20,000/year and is going to nursing school. She can't afford to keep pouring money into lawyers yet she is getting cheated big time. Anything we can do to help her? Thanks.KJ
 


And this is the sad side of this game, not finding the correct answer but who ever has the most money to get the correct answer. She can subpoena SBC pay records and pension for your husband and if they do not respond she would have to move o depose them, this can (it does) cost money. If in the order it has shown he is suppose to sell the stocks and has not then she can move to show cause. The thing that concerns me is why did she go three lawyers already.

How old is she??? the age really does not matter, but I was pondering is it more worth going after school or after this case, she may not be able to do both if she is going to do it alone.
 

Kdjarka

Junior Member
Thank you Bulldog. My friend is in her mid 40's and the reason for all the lawyers is mostly because her first one really didn't work to get her a fair deal. She waited too long and by the time she went on to Lawyer #2 and #3, a lot of the damage had been done, like the divorce had been signed. The story is very long but I think if the judge would allow her to represent herself. she could probably do some of the things you suggest. She can try to subpoena SBC records but won't she need a lawyer for this? This would be ideal because a lot of the mystery is in her ex's pension and 401(k). My friend needs some future financial security.

It is similar to the old story where the wife puts the husband through school and so she forfeits years of good working time. Anyway, appreciate your help. I am so glad I waited late in life to get married.
 
No you will not need a lawyer to do any of this stuff on your own, however, do not think the court is going to let you fail to do things correctly just because you did not know. If you subpoena the records since you are not a lawyer you make get hassled alittle from SBC, but then again, they probably do not care. I had to subpoena some records from bellsouth and they did pretty good. If they do not respond to or do not produce the documents you are requesting you would have to move forward with depositions. Again, you do not need a lawyer but you need to train yourself because if you just go in there and start asking questions the other side is going to have a field day with you.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top