Lawyer lied

[faithnlve]

What is the name of your state? Vermont. My ex was incarcerated in 1998. I filed for child support and custody in 1997. The custody I got, the child support hearing was cancelled due to the state having a chinz hearing and claiming they had custody until further notice. That same day the judge dismissed the chinz hearing, since I was not and unfit mother, but, my child support hearing never got heard. Then 3 months later in December of 1997 my ex's attorney makes an agreement of 500.00 per month for my ex to pay for child support, and that this agreeement would be in place of having to go back to court. Since he was going to jail. I agreed. here it is 2005 and he is 16,000 in arrearages, and I have no court order due to my ex's attorney making this agreement. Do I have any recourse to get the back child support, court tells me no...so NOW WHAT DO I DO???? Feel like I have been swindled by this attorney. Was this ethical of her to do this??? FAith

[BelizeBreeze]

You have a contract and a breach. File on that basis.

[faithnlve]

Contract? There was only a letter to my attorney, who cannot find it, and this attorney says there was never such an agreement when she was reported to the conduct board. BUT, in a child support hearing my ex admitted to this agreement and that there was a letter from his attorney, but doesnt have it. I have no proof of agreement other than what my ex said in a hearing. Is that sufficient?? And why would this lawyer lie to the conduct board about the agreement? Faith

[BelizeBreeze]

Originally Posted by faithnlve

Contract? There was only a letter to my attorney, who cannot find it, and this attorney says there was never such an agreement when she was reported to the conduct board. BUT, in a child support hearing my ex admitted to this agreement and that there was a letter from his attorney, but doesnt have it. I have no proof of agreement other than what my ex said in a hearing. Is that sufficient?? And why would this lawyer lie to the conduct board about the agreement? Faith

Asking here if a proceeding in a hearing is evidence of misconduct is not likely to elicit correct responses since we do not have a transcript of those proceedings.

Do YOU have a copy of the agreement? If not then you will likely not prevail unless you can get the ex to admit in a support hearing that the agreement existed and the terms of the agreement.

[faithnlve]

Its on tape from a court hearing of my ex admitting to the letter, but he did not know where it was. Should I just go to superior court and subpoena both him and his attorney and mine? And see what comes out of it? Seems to me they wont all lie..lol hopefully. Wouldnt that be a case for the court. The plaintiff sues her ex for child support based upon a letter which neither attorney has, and his attorney claims there was no such agreement, but defendant and plaintiff both agree there was one. My ex would lie since he knows that would be perjury since he admitted it in another hearing. Think case is ok on its own merits? Faith

[stephenk]

is dad still in jail? If no, what kind of income does he earn that would dent the support owed?

[faithnlve]

rental from a home, and a savings account with over 30,000. also owns his own restaurant now. faith