Marital settlement agreement (two of them) help please.

[cords]

What is the name of your state (only U.S. law)? California
There is a first marital settlement agreement in which I gave up all rights to spousal support retirement funds, this was due to duress, I have petitioned the courts before judgment to let me out of this agreement the court date has been set, and subsequently the attorney contacted me said he would not be defending his client in any order to show cause that I needed to be doing with her and trying to reach a new settlement agreement?.Subsequently the spouse contacted me said that she didn't know whether to drop him as an attorney ad we file alone that she wanted to work this out, that she would give me the funds that I was demanding out of retirement fund if I signed \ had it notarized, I demanded first that she notarize a new settlement agreement which I have her notarized signature my notarized signature, but only for her to get the loan from the retirement and keep the funds not send them to me and to have a lawyer send me an email saying there is no new settlement agreement and since I'm out of the country a new trial is probably needed and that I would have to spend a lot of money to show up for a new trial, that they demand a 75% reduction in spousal support that I was seeking, I was only asking $300 for one year. She makes 5000 month I make 1200 month in disability. So my question is a court date coming up for an order to show cause that I file for spousal support and to pull the order for judgment with the first settlement agreement. And then a second court date for an uncontested divorce hearing in front of a Commissioner set by the courts. Any suggestions would be appreciated I did have an attorney I paid $3000 to he died no one is answering my calls now,can I introduce this at this order to show cause hearing do I need to modify and resubmit the order to show cause attached the new agreement attached where I signed the retirement try to get a fraud introduced? I would really like to file a complaint with the State Bar on this attorney but I really don't have the energy to fight.

 

[OHRoadwarrior]

If you are requesting $300 in support per year and that is all, most attorneys are likely sharing the story over drinks laughing, after they reject your case.

 

[cords]

funny

If you are requesting $300 in support per year and that is all, most attorneys are likely sharing the story over drinks laughing, after they reject your case.

That would be , 300 a month for a year ..... Sorry for the confusion .

 

[Silverplum]

What is the name of your state (only U.S. law)? California
There is a first marital settlement agreement in which I gave up all rights to spousal support retirement funds, this was due to duress,

What, exactly, do you mean by "duress?"

I have petitioned the courts before judgment to let me out of this agreement the court date has been set, and subsequently the attorney contacted me said he would not be defending his client in any order to show cause that I needed to be doing with her and trying to reach a new settlement agreement?.Subsequently the spouse contacted me said that she didn't know whether to drop him as an attorney ad we file alone that she wanted to work this out, that she would give me the funds that I was demanding out of retirement fund if I signed \ had it notarized, I demanded first that she notarize a new settlement agreement which I have her notarized signature my notarized signature, but only for her to get the loan from the retirement and keep the funds not send them to me and to have a lawyer send me an email saying there is no new settlement agreement and since I'm out of the country a new trial is probably needed and that I would have to spend a lot of money to show up for a new trial, that they demand a 75% reduction in spousal support that I was seeking, I was only asking $300 for one year. She makes 5000 month I make 1200 month in disability. So my question is a court date coming up for an order to show cause that I file for spousal support and to pull the order for judgment with the first settlement agreement. And then a second court date for an uncontested divorce hearing in front of a Commissioner set by the courts. Any suggestions would be appreciated I did have an attorney I paid $3000 to he died no one is answering my calls now,can I introduce this at this order to show cause hearing do I need to modify and resubmit the order to show cause attached the new agreement attached where I signed the retirement try to get a fraud introduced? I would really like to file a complaint with the State Bar on this attorney but I really don't have the energy to fight.

What fraud?

 

[cords]

What, exactly, do you mean by "duress?"


What fraud?

1. having things like glass vases thrown at me .
2.while still in the marital home being woke up at all hours of the night to sign the agreement , then in the
Am having lawyer call me with threats of police coming to the house and removing me , ( my health is not good at all ) only to one day be sitting and have the police show up , all she could tell them is I looked at her angry .... of course they just left but I knew it was a matter of time before lawyer and client got the lies down pat ....
3. The only means of money I had to escape the abuse was sale of a communal truck ( I purchased with proceeds of a future medical award ) only to have the pair draft first agreement , that I was hosed in , giving up retirement and spoucal support ...

4.Once I got settled in , I petitioned the courts with an fl 316 as the lawyer did not file the prelim disclosures , also claimed duress , really Im just throwing all the crap at the wall I cAN to see if something stuck ..
5. during this process the wife contacted me wanting a new agreement , we talked of the terms , she was going to fire the lawyer and send me a signed notarized copy of the agreement , I was to notarize a loan application for retirement funds , we both did this , she received the monies , then the lawyer contacted me said no funds are being sent to me and we had no new agreement ..
6. I do have a second notarized copy of the new agreement , but lawyer refuses to sign ....
Fraud is a bad word often put out there , acts of bad faith would be more like it ...
I'm just confused lawyers really do not act like this , my experiences , they may trick you in a contact wordage , but out right underhanded tactics , never seen this before ..

 

[Bali Hai]

1. having things like glass vases thrown at me .
2.while still in the marital home being woke up at all hours of the night to sign the agreement , then in the
Am having lawyer call me with threats of police coming to the house and removing me , ( my health is not good at all ) only to one day be sitting and have the police show up , all she could tell them is I looked at her angry .... of course they just left but I knew it was a matter of time before lawyer and client got the lies down pat ....
3. The only means of money I had to escape the abuse was sale of a communal truck ( I purchased with proceeds of a future medical award ) only to have the pair draft first agreement , that I was hosed in , giving up retirement and spoucal support ...

4.Once I got settled in , I petitioned the courts with an fl 316 as the lawyer did not file the prelim disclosures , also claimed duress , really Im just throwing all the crap at the wall I cAN to see if something stuck ..
5. during this process the wife contacted me wanting a new agreement , we talked of the terms , she was going to fire the lawyer and send me a signed notarized copy of the agreement , I was to notarize a loan application for retirement funds , we both did this , she received the monies , then the lawyer contacted me said no funds are being sent to me and we had no new agreement ..
6. I do have a second notarized copy of the new agreement , but lawyer refuses to sign ....
Fraud is a bad word often put out there , acts of bad faith would be more like it ...
I'm just confused lawyers really do not act like this , my experiences , they may trick you in a contact wordage , but out right underhanded tactics , never seen this before ..

This must be your first divorce.

If a lawyer gets the right judge, they can do just about anything short of murder in a divorce case.

 

[cords]

This must be your first divorce.

If a lawyer gets the right judge, they can do just about anything short of murder in a divorce case.

not my first divorce , my first divorce where the other arty did not want and had a lawyer willing to suck money from his client ... that's all it comes down to I think ....

I would like to have a question answered , if I have a notarized new agreement , not sighed by counsel , they used this new agreement to get retirement funds that were not forwarded to me ? is this any leverage with the bench ? I understand judges do what ever they wish ..... but I would like some case law or some other court case involving this to review ?

thank you

 

[cords]

not my first divorce , my first divorce where the other arty did not want and had a lawyer willing to suck money from his client ... that's all it comes down to I think ....

I would like to have a question answered , if I have a notarized new agreement , not sighed by counsel , they used this new agreement to get retirement funds that were not forwarded to me ? is this any leverage with the bench ? I understand judges do what ever they wish ..... but I would like some case law or some other court case involving this to review ?

thank you

To answer my own questions ,,,,,,,,,, The court once I filled an Order To Show cause would not continue with the MSA , They demanded that I drop the Order to Show cause or there would be no agreement ruled on until after the Order to Show Cause was taken care of ...

The courts also must follow ,In a long term Marriage the Settlement has to be equatable where one spouse is not represented ...

The Order to Show Cause will be easy for me , as the opposing Lawyer did not file all the proper paper work before we signed the agreement( fl150 ) , the Judge asked to Lawyer why he did not do so ,,, the lawyer said it was an over sight .... Contained until the order to show
cause ...


Now the opposing lawyer is contacting me wanting a new agreement , I told him to piss off ... Exact wordage ...