• 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.

Please Help Attorney Withdrew

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

LyndaRose

Member
What is the name of your state? Florida

Hello,

I have been in court six times (family) as former husband was in contempt of not paying child support and alimony. There are three court judgements for former husband to pay attorney fees, he's in contempt of all three till this day. Due to this fact, my attorney withdrew from my case as former husband is not paying him, now I am Pro Se and need advice please help. Just to let you know I will be filing a fifth motion for contempt of child support and alimony and its only been 18 months total in court!

1- Trial court changed the wording of marital divorce agreement, former husband was to pay mortgage on marital house, he didn't pay for nearly a year after divorce (I am disabled and diagnosed with cancer and had no funds to take him to court for the mortgage payments). I was forced to sell marital home, and a modification of marital settlement agreement was made between former husband and myself which gave me permission to move to another area in florida and former husband was released of issues that he agreed to in MSA which were in writing released of the homeowners insurance, appliance insurance and homeowners association. It was agreed verbally between former husband and myself he continue paying mortgage payments (I knew selling the house would give me money to hire attorney to seek the mortgage payments he was behind in and what he said he would still continue paying) and that money would be put towards rent. I have two minor children at that time, now one remaining as minor. Took former husband to court for mortgage payments and court ruled IN LIEU OF THE MORTGAGE PAYMENTS FORMER HUSBAND IS TO PAY RENT". Former husband filed appeal and he won, on basis that trial court changed the wording, at no point in MSA did it state he is to pay rent. Now I owe former husband $9750.00 (this was the amount for the rent the past year that he did pay from the ruling of trail court). The appeal also states that the ruling must be reversed. Can anybody tell me whether I need to file motion to reverse this ruling, also former husband is seeking his $9750.00 back which I used to the rent and I am indigent, I have no assets, no money just barely living with my minor daughter. Former husbands attorney also wants attorney fees back and for fees to filing motion to get the $9750 back. Your advice, would I have to pay his attorney fees since trial court made error in this ruling?

2- When I file a motion, such as I need to modify child support as now he pays for one child (even though he only pays a fraction of what he is suppose to pay, he is in contempt to this day) must I provide the court the copies of the transcrips from past hearings?

3- When filing any motion do I provide the copy of the transcripts?

4- When attending a hearing, am I allowed to show papers to support my actions, such as copies of former husbands tax returns (he lied to court on his income and in his financial report) without filing them first, or is it that all evidence I will provide to the court showing the income and additional money findings must be filed, or am I able to present them in court at the hearing?

Any help you can give me would be greatly appreciated!
 


Ohiogal

Queen Bee
Read the local rules, the rules of evidence, and the rules of civil procedure. Once you are done come back and ask questions.
 

tuffbrk

Senior Member
I think you're fab Gracie:)...which BTW is also the name of my older sister (surrogate Mom and best friend to me). Must be the name.

I also think it's very kind of you to take the time to repost the links again for this OP. Hopefully, this time she will save them and/or take the time to read through them. She comes across as intelligent, just not all that motivated to help herself.
 

LyndaRose

Member
Gracie thank you again, your the best!!

Thank you so much again, but my problem is that I can't find my answer on trial court changed wording and appellate court reversed the ruling, I just need to find a previous case where this happened to somebody else (unfortunately) and get an outcome of what happened so I know how to file the motion on reversing the traial courts ruling. Now I understand why attorneys get paid so much. :)
 

Gracie3787

Senior Member
Gracie thank you again, your the best!!

Thank you so much again, but my problem is that I can't find my answer on trial court changed wording and appellate court reversed the ruling, I just need to find a previous case where this happened to somebody else (unfortunately) and get an outcome of what happened so I know how to file the motion on reversing the traial courts ruling. Now I understand why attorneys get paid so much. :)
The only thing you can do is to research case law. I have always gone to the local law library and sat for hours reading the Southern Reporter to find case law. It takes some time, but it can help.

Please reread the rules, you have a very limited time frame in which you can file a motion for a rehearing, reversal, etc. You have only 10 days from the date the order was recorded, which is why those type of motions are called "10 day motions".

You might find that it would be better to file for a modification if the time limit has elapsed.
 

Find the Right Lawyer for Your Legal Issue!

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