update and questions

[soon2bstep]

What is the name of your state? fl/tx

we found that fiances ex DID get a divorce granted in florida aprox 10 mos after div in CA finalized. she said FL told her she had to b/c they don't recognize CA divorce?

anyways, from this fraudulent divorce, she has obtained 24 mos of back cs(so she says), and a court date for january...she says he should have rec'd papers, or that she didnt know address, however, again we've sent all kinds of things to fiances son with insurance for postage etc.....

if she found a way to sign his name, what will happen? also, can they go back 24 months(when half of that time they were MARRIED)?

and what do we need to take? when we called the clerk to verify there IS a date, the woman would only tell us the technical meaning of the court hearing(referal to master general, order hearing)and the room nmbr, date and time...no case number, no judge's name, not even who to address any mailings to...a lawyer just wasted our time, and we need to know what he needs to have with him, and since it is also a custody hearing*we're guessing*, what kinds of things does he need to know/say? we have bank statements showing he's given her x amt of money from march of 2005 till march of 2007, when we became temp unable to send her money...he's only been able to work half the year, and that's just recently...also, no money was sent, b/c we were told it was a gift and would not count, and that she's not legally entitled to anything b/c of no order, yet now they are allegedly ordering back support?

i know i post alot of things that do not make sense, but we really need these questions answered...we know to bring the CA div papers(no, custody is not stated), his 1st div papers from KY(to show amt of support for daughter), and common sense says his check stubs from recent employer and last years tax returns...we don't have time to get the other years returns...we have all bank statements showing bank transfers to her, and proof of regular gift items of clothing and such*of course that's nonrelevant, but just b/c we cannot send $300 doesnt mean we can't send $50 in clothes*

 

[LdiJ]

Well...CA couldn't handle child custody and child support issues. I think that we established that in a previous thread. Therefore it was appropriate for FL to handle those issues.

Are you sure that it was a whole new divorce that was done in FL, or was it just establishing custody and child support?

Honestly, he probably needs a FL attorney at this point. This is probably not something he should be attempting to handle, long distance, on his own.

 

[soon2bstep]

thanks

no we got confirmation from a law clerk.....she filed a whole new divorce...(and cali originally could do cs, b/c of him living there...but not custody)...

we're going to fl for court, but cannot afford atty...we're not dumb enough to assume since we cannot afford an atty, to just not show up...our other disbelief comes from how she was able to do all of this without so much as serving him? fl is still a 2 sign state, and the clerk says when we get there the day before, to obtain certified copies of her papers(filings etc), to determine if anything was falsified and forged...the clerk we spoke to, who is apparently part of the area we're going to, appeared to be genuinely pissed that this was done...she's the one who told us what little to bring...

can we get a lawyer just for the day! lol or the alleged 60 mins they have them on the calender/datebook for?!

 

[LdiJ]

no we got confirmation from a law clerk.....she filed a whole new divorce...(and cali originally could do cs, b/c of him living there...but not custody)...

we're going to fl for court, but cannot afford atty...we're not dumb enough to assume since we cannot afford an atty, to just not show up...our other disbelief comes from how she was able to do all of this without so much as serving him? fl is still a 2 sign state, and the clerk says when we get there the day before, to obtain certified copies of her papers(filings etc), to determine if anything was falsified and forged...the clerk we spoke to, who is apparently part of the area we're going to, appeared to be genuinely pissed that this was done...she's the one who told us what little to bring...

can we get a lawyer just for the day! lol or the alleged 60 mins they have them on the calender/datebook for?!

Does mom have an attorney? If so, I would really recommend having one. However, if its impossible, make sure that you show up with a finalized copy (with judge's signature) of the CA divorce order. Ask for the case to be dismissed on the grounds that they are already divorced.

It might be wise to ask the judge to go ahead and handle child custody/visitation/child support while you are out there, just to avoid another trip when mom re-files for those.

 

[soon2bstep]

again, thanks...

she says she has a lawyer, however i've been hearing that since we got together, in august of 05, and apparently she'd been saying that to him since jan of 05...i'm looking online now for lawyers to write down for him, if nothing else for the consultation...we're just in high financial waters right now...by all means, we'll send the child every free buck we have, unfortunately, those bucks right now go to getting us to work to make what we do...it's the holidays(lol, i was joking)...but it's good they're getting to court, b/c now it's getting to the point, where the only way he can talk to his son, is (sadly) lie and state he'll send money(when we really cannot yet), then he gets about 5 mins, and she takes the phone and hangs it up...sorry that's nonrelevant...but is there any of this we should document(i posted before about her driving 200 miles pregnant with him in her lap in a front seat), and the fact she knew last xmas eve she'd agreed he could take him for 5 days to Kentucky(where his family is), and when we called 100 miles from his family's home to let her know what time we thought we'd be there, she stated no you cant have him and florida says you cannot take him from the state...should he write these things down and take them with him? this hearing is for custody, and doesnt it come to factor as well who is more willing to promote visitation? i know it sounds strange*and probably stupid*, but we learned with another situation it was somewhat better to have the child most of the time, than pay support to someone else who would not allow visits...also, she constantly moves...every 3 months we get a new email with a new address...