What is the name of your state (only U.S. law)? AZ
To begin with, this matter is not urgent by any means. Please pass over if you don't have more time than you know what to do with.
Have a situation where I was just kinda curious if any one had opinion on. I already have an atty and he has always been very reluctant to give any sort of opiniated expectation of any sort, so hoping to hear something here.
Went to court early this year. I was completely unprepared, never received articles of evidence from petitioner's atty nor did I ever receive anything from court. Found out about court date by accident. Apparently, everything sent to wrong address. Bottom line, didn't have pay docs and petitioners atty manipulated my income to be twice what it really was, as a result, leaving me with roughly $400 a month after CS and SS. SS was based upon the misperception that I could "afford" to pay it, no other reason given. awarded legal costs as well, even though I couldn't afford atty myself.
The reason I didn't have any pay docs was because they were available online and petitioner set up the acct for me (still good at the time) and "couldn't remember" the pw and user name. I sent off to have it reset and mailed, but she claimed it never came in. Did it again 2 more tmes, having it not come in before I realized what was going on. Went thru the long process of having my address changed in the system and then having it sent again, finally getting it, but 2 weeks after the trial.
Bottom line, my atty is trying to get a new trial based on "Newly Discovered Evidence" which is my W-2 and leave/earning statements. A hearing was set for June 7 assigned to a new judge, but petitioner's atty did something that made the hearing be heard by original judge.
Basically, seem likely that I could get a new trial? There is also a motion for reconsideration for the awards which is pending as well, but atty felt he should petition for new trial while he was at it. With my income documentation, its clear to see that I make $2300 a month and not $4000 like court believed.
Also, since legal fees and SM was awarded, according to the court, because I "could" afford to pay them while meeting my needs, does it seem likely that those awards would be put aside completely? She works as well and earns roughly 70% of what I do. CS, no big deal. I pay what the worksheet says I pay.
Not an urgent matter, just some curiosity on my end if anyone has the time to drop their thoughts, it'd be appreciated.
To begin with, this matter is not urgent by any means. Please pass over if you don't have more time than you know what to do with.
Have a situation where I was just kinda curious if any one had opinion on. I already have an atty and he has always been very reluctant to give any sort of opiniated expectation of any sort, so hoping to hear something here.
Went to court early this year. I was completely unprepared, never received articles of evidence from petitioner's atty nor did I ever receive anything from court. Found out about court date by accident. Apparently, everything sent to wrong address. Bottom line, didn't have pay docs and petitioners atty manipulated my income to be twice what it really was, as a result, leaving me with roughly $400 a month after CS and SS. SS was based upon the misperception that I could "afford" to pay it, no other reason given. awarded legal costs as well, even though I couldn't afford atty myself.
The reason I didn't have any pay docs was because they were available online and petitioner set up the acct for me (still good at the time) and "couldn't remember" the pw and user name. I sent off to have it reset and mailed, but she claimed it never came in. Did it again 2 more tmes, having it not come in before I realized what was going on. Went thru the long process of having my address changed in the system and then having it sent again, finally getting it, but 2 weeks after the trial.
Bottom line, my atty is trying to get a new trial based on "Newly Discovered Evidence" which is my W-2 and leave/earning statements. A hearing was set for June 7 assigned to a new judge, but petitioner's atty did something that made the hearing be heard by original judge.
Basically, seem likely that I could get a new trial? There is also a motion for reconsideration for the awards which is pending as well, but atty felt he should petition for new trial while he was at it. With my income documentation, its clear to see that I make $2300 a month and not $4000 like court believed.
Also, since legal fees and SM was awarded, according to the court, because I "could" afford to pay them while meeting my needs, does it seem likely that those awards would be put aside completely? She works as well and earns roughly 70% of what I do. CS, no big deal. I pay what the worksheet says I pay.
Not an urgent matter, just some curiosity on my end if anyone has the time to drop their thoughts, it'd be appreciated.