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ProSe and dealing with a Shark - Need Help

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Hrathgar123

Junior Member
What is the name of your state (only U.S. law)? Georgia

My wife and I had our final divorce hearing on June 1st, 2009 and the judge ordered that I pay 550 a month in child support and agreed to the seperation of assets that her lawyer and I had discussed. He ordered that her lawyer prepare the agreement and submit it to her, and that he would submit an income deduction order for child support. She was granted her divorce.

We finally put the agreement to paper by the end of July after struggling back and forth with her lawyer, who was trying to add extra things beneficial to his client into our agreement. I made a few compromises to just get it done and over with, and we signed our agreement.

I found out in October that he never submitted the income deduction order when I received a motion for contempt against me. I have since paid the arrears, but he says he will pursue legal fees at our hearing coming up on January 7th. I found out that he also has not submitted our final agreement, or our parenting plan also. He has basically not done anything. I am still technically married to my wife.

I again brought the lack of action to his attention and now he wants me to resign the agreement that we had in August, but with some modifications to the language and changes to dates and amounts to benefit his client (once again playing games).

What can I do ProSe to force him to honor our original agreement, although it was signed but never given to the judge, and what, if any restitution can I get from the courts for the time, energy, stress and aggrevation that dealing with this shark has caused me (not to mention loss of income).

I cannot afford an attorney, and I do not qualify for legal aid. What can an honest working man do? I see my daughter every Wednesday night and every other weekend from Friday 9am to Monday 9am, and I am involved as much as possible to be a good father, but her mother is mowing me down with her father's corporate lawyer (daddy is a millionaire).

My hearing for the contempt motion is January 7th, but I am caught up now. He will likely sue me for legal fees and litigation costs though, so I would like to know how I can fight that as well.

Please help with advice, or if you know a contact in GA I could speak to for an hour, that would be great.

Happy Holidays and God Bless,

Jason
 


cyjeff

Senior Member
what is preventing you from taking YOUR copy of the documents that were signed by both parties to the courthouse and filing them?
 

Hrathgar123

Junior Member
what is preventing you from taking YOUR copy of the documents that were signed by both parties to the courthouse and filing them?
I wasn't aware that I could do that. The documents he prepared have a signature block "prepared and presented by:" where he should sign, I thought that if I submitted the documents without his signature it may become an issue.

The parenting plan is the only document that has both my wife and I's signature, agreeing to the terms, the final divorce agreement has a signature block for her lawyer, and me, agreeing to form. Can I still submit the Final agreement without him signing it if I have emails of him agreeing to it's content?
 

Ronin

Member
While a motion to sign a proposed order may be filed by either side, it must also be served to the other party, and if there are any objections to the proposed order, a hearing will be required to hash it out in front of the judge.

So although you can and probably should file the motion to at least get the ball rolling on this, in this case it appears her attorney will surely object on her behalf and a hearing will be required. Just because your wife signed an agreement, does not mean she is not within her rights to rescind it prior to it being signed by the judge.
 

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