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  #1  
Old 07-18-2000, 04:16 PM
Frustrated302
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We have filed with the courts to have my ex's alimony stopped due to her making 50%more in her income.Our lawyer filed a motion to compel discovery.My ex has not provided any documents to my lawyer in the motion my ex was gave 10 days to bring forth these documents or alimony would cease.This was a month ago and we have heard nothing.My lawyer is now on maternity leave.We called the office to see who we could speak to about this and we were sent to her paralegal who told us we didnt need to call her she would call us when she heard something.Can we contact the courts ourself to find out if the judge has signed the order to cease alimony until she brings forth the documents? Should we contact another lawyer? This is getting frustrating.Thanks to anyone who can help us in this matter seems our lawyer who we have paid cant help us or give us any advice or answer our questions..
  #2  
Old 07-18-2000, 04:44 PM
DennisK
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I'm pretty sure that you will have to file with the court probably an affidavit of non-compliance. I used to have this problem years ago with my ex regarding child support and at least in Florida if she doesn't comply and bring forth the documents a judge may go on your word alone at a hearing. As far as your attorney is concerned, I'm all for a "get it done" attitude and yours seems to be preoccupied with other things. You may want to consider consulting another attorney or going at it alone. I would try the Clerk of Courts office or whatever it may be called in your area and see if they know anything about the filing from your attorney and your next step. They are usually pretty helpful.
  #3  
Old 07-19-2000, 06:18 PM
frustrated302
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Thank you for your help i called the clerk of the court today and i was told that the judge had denied the motion to cease alimony until my ex brings forth the documents.This was signed on the 12th of july the paralegal was called today and i have had no call back from her about this.Time for a new lawyer?Or just time to say forget it and keep paying someone who should not be getting alimony.Why would it be denied by the judge? I have done what the law tells me to do it must be because i'm a man. What to do next? any idea's?
  #4  
Old 07-22-2000, 12:03 PM
DennisK
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Well, that doesn't sound very good. Sounds like your attorney definately dropped the ball considering you had to call the clerk of courts office and get the information that way. What state are you in? I don't understand why you were not informed of the hearing date? If it were me, I would have been present and demanded a order for contempt against your ex for non-compliance. Not all is lost though. Even though you've been denied now, you still may be able to file for contempt of court. If you win that, you may be able to have your alimony stopped until she does comply or you have a modification hearing. Just so you know, I am the wife of DennisK and have been on both sides of these issues. I had to force my ex to pay child support but I was never unfair or tried to get anything I didn't deserve out of him. My husband's ex is very much like your ex-wife and I feel for you. We women aren't all bad and I truly don't understand why we can't all be forthright with each other. Unfornately, some women live up to the old saying... Hell hath no fury like a woman scorned. I personally just don't have time for that kind of behavior. I'll check back to see what you come up with.
  #5  
Old 07-22-2000, 09:26 PM
Frustrated302
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Thanks for your help,,I got a call from my lawyer after i sent out a few nasty emails to the law firm I hate to be that way but it got me some answers,She told me that the judge wants to have a hearing and hear both sides of this,I got the papers today to have her served and i guess we are going to have a hearing on this.The lawyer also included that she has been cohabiting (she isnt now)she did so for 2yrs at that time i didnt have the money to pay a PI and a lawyer to prove this. What i dont understand is i have did what the courts told me to do for yrs of paying child support and alimony and i ask the courts to cease her alimony until she provides income info and its denied,Its like its ok for her not to do as she is asked to do and my legal bills keep piling up for me to just get one thing from her.We live in Delaware.I feel like its a no win situation here.What happens if my ex doesnt show to court? Is that going to be ok to.Can i ask for her to pay my lawyer fee's if she doesnt show in court or even for back alimony from the time she was cohabating? What would my chances be on that one? Sorry for being long winded here but this is so frustrating and again thanks for the ear and the info you've gave me
  #6  
Old 08-01-2000, 04:40 PM
DennisK
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Sorry, it took me so long. Been on vacation. If you do have a hearing on the issue and she either comes in with nothing, or doesn't show up, I'd personally request an order for contempt against her right then and there and stipulate the expenses this is costing you to bring her to justice. Judges really don't like people to waste the courts time so at that point I would imagine things would be in your favor. If she doesn't show ask that the alimony be suspended until she complies with discovery. But I would definately ask for the order for contempt on the spot.
 



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