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rckhenning

Junior Member
What is the name of your state? Illinois
spouce thinks she is 100% disabled. i disagree. I left. We filed bankruptcy, neither of us could control credit card spending. I got a lawyer because I thought it was the right thing to do. borrowed funds from family for the lawyer because of lack of funds. I was mislead as the extreme expense of the course of action that my attorney took. I released the attorney after retainer was used up and substantial billing followed, and because of his bad advice and actions. I still owe the attorney over $400. Spouce won a court order for me to pay for her attorney. I have two months to pay $5300.00. Now to fulfill the court order I have no funds to pay anything else. The house will go into forclosure, the utilities will not be paid, I have no funds to give spouce for living expenses, I can't afford her car insurance (she wont work because she thinks she is disabled) I only have enough funds to pay car ins and gas to get back and forth to work. nothing extra for me either. After court order is fufilled everything will be two months behind. Now I have to pay for her reresentation when I cant afford representation for myself, I have less funds now than when I released my attorney.
any sugguestions?What is the name of your state?
 


LdiJ

Senior Member
What is the name of your state? Illinois
spouce thinks she is 100% disabled. i disagree. I left. We filed bankruptcy, neither of us could control credit card spending. I got a lawyer because I thought it was the right thing to do. borrowed funds from family for the lawyer because of lack of funds. I was mislead as the extreme expense of the course of action that my attorney took. I released the attorney after retainer was used up and substantial billing followed, and because of his bad advice and actions. I still owe the attorney over $400. Spouce won a court order for me to pay for her attorney. I have two months to pay $5300.00. Now to fulfill the court order I have no funds to pay anything else. The house will go into forclosure, the utilities will not be paid, I have no funds to give spouce for living expenses, I can't afford her car insurance (she wont work because she thinks she is disabled) I only have enough funds to pay car ins and gas to get back and forth to work. nothing extra for me either. After court order is fufilled everything will be two months behind. Now I have to pay for her reresentation when I cant afford representation for myself, I have less funds now than when I released my attorney.
any sugguestions?What is the name of your state?
One suggestion is that you need to get the home on the market ASAP.
 

rckhenning

Junior Member
selling would cause me more finanacial woes as house was bought with no money down and closing costs were worked into the mortgage. The market value is less than mortgage and closing costs. foreclosure is the best way to get rid of the house because of this.
 

LdiJ

Senior Member
selling would cause me more finanacial woes as house was bought with no money down and closing costs were worked into the mortgage. The market value is less than mortgage and closing costs. foreclosure is the best way to get rid of the house because of this.
Not necessarily. That could have significant tax consequences later on down the road. Getting the mortgage company to agree to a short sale could lessen the potential tax consequences.

Also, it doesn't matter whether or not you think that she is not 100% disabled...or that she thinks that she is. It matters what a doctor thinks, and what the government thinks, and even more importantly, what the judge thinks. Since the judge has ordered you to pay her attorney fees, that's a potential clue that this isn't going to go well for you.
 

rckhenning

Junior Member
I went to doc after doc after doc not one of them told her she was disabled, not one of them told her not to work, they all had suggustions and advice that she refused to follow!
social security turned her down twice . and the judge only heard her lawyer say that she is in some pain after a hysterectomy. no one else told the judge anything. the judge made his ruling after listening to her lawyer, he treated me like I was not even in the room I was not allowed to say anything and when I tried I was cut off. I was forced to decide on weather or not i would conceed to perm maintanance even after I told the judge I was here for the rulling on interim fees and not ready to discuss maintanence issues.
Yes I know things will not go easy for me. she now has a lawyer that I am paying for and I can't afford one for my self. But thats OK with the judge. so NO I dont think things will go even slighly in my favor.
 

LdiJ

Senior Member
I went to doc after doc after doc not one of them told her she was disabled, not one of them told her not to work, they all had suggustions and advice that she refused to follow!
social security turned her down twice . and the judge only heard her lawyer say that she is in some pain after a hysterectomy. no one else told the judge anything. the judge made his ruling after listening to her lawyer, he treated me like I was not even in the room I was not allowed to say anything and when I tried I was cut off. I was forced to decide on weather or not i would conceed to perm maintanance even after I told the judge I was here for the rulling on interim fees and not ready to discuss maintanence issues.
Yes I know things will not go easy for me. she now has a lawyer that I am paying for and I can't afford one for my self. But thats OK with the judge. so NO I dont think things will go even slighly in my favor.
Just FYI, social security turns down almost everyone at least once, and often twice, before they award disability.
 

mistoffolees

Senior Member
I went to doc after doc after doc not one of them told her she was disabled, not one of them told her not to work, they all had suggustions and advice that she refused to follow!
social security turned her down twice . and the judge only heard her lawyer say that she is in some pain after a hysterectomy. no one else told the judge anything. the judge made his ruling after listening to her lawyer, he treated me like I was not even in the room I was not allowed to say anything and when I tried I was cut off. I was forced to decide on weather or not i would conceed to perm maintanance even after I told the judge I was here for the rulling on interim fees and not ready to discuss maintanence issues.
Yes I know things will not go easy for me. she now has a lawyer that I am paying for and I can't afford one for my self. But thats OK with the judge. so NO I dont think things will go even slighly in my favor.
The judge is not supposed to dig up evidence. Her attorney claims that she is disabled. It is then your job (or your attorney's job) to contest that with evidence from various doctors, experts, whatever, that she is not disabled. You really need an attorney - see the other post (there is no need to start a separate thread every time you have another question in the same situation).
 

rckhenning

Junior Member
1st, this was a hearing on interim attorney fees. not an evidencery hearing in my divorce, it hadn't gotten that far, discoveries have not even been discussed, motions for support have not been entered.
2nd, The attorney I did have before i ran out of money, told me it would be her responsibuility to prove she is disabled not the other way around. His whole argument was that 1) I would never have to pay for her attorney because I have no funds for that, and 2) if she wants to claim she is disabled then she has to prove it, that no judge will just take her word for it.
3rd, the reason I have no representation is not my choice. I have no funds for this I have a court order to pay $2600 a month to her attorney I take home $2800 a month. I didnt have the money before because I was using that money to support my spouce (at my attorneys advice) I have nothing to sell, the marital home has no value to borrow against, I cant get a loan because of the bankruptcy, I simply have no money for anything,
and the attorney I let go stopped all comunication with me when my bill hit $1800 untill I paid it off by terminating my life ins policy. (they do not work on payments) then he charged me $960.00 just to read my stbx's discovery. .(which I stil dont have a copy of because he wont release it untill I pay him off, I still owe him another $450.00)
I dont know why it starts a new thread every time, the button i push says submit reply not start a new thread
 

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