Default Judgement? Summary Judgement? Summary Trial? Please Help...

[rperreta]

What is the name of your state (only U.S. law)? New York

Were two years into our divorce and finally heading to trial. I filed a motion to compel and was granted, she failed to comply with the decision yet again. Monday I was served the Note of Issue and it looked odd. It was not signed, notarized or completely filled out. I looked closer and things were white/crossed out. I called the county clerk to verify the information and sure enough it was different then what she mailed/served me. The Plaintiff and her ex-attorney also lied on court documents about the legal fee's. She was in a low fee program at $150 an hour. They filed a motion trying to say she was paying $450 an hour. I have the recorded phone conversation from her attorney telling me he was in the pro-bono/Low fee program and that's where he picked her up from. I also have an email from her telling me if I did my homework I would've known she was in the low fee program at $150 an hour. Little did she know I did do my homework! I busted them on that as well. Basically, my question is can I now file for a default judgment, summary judgment or summary trial under the basis that she lied on several court documents, served me altered documents and can no longer be trusted for trial? What can I use in my defense to shut down this trial because were both Pro-Se so it's going to be a circus if you ask me.

kind regards,
-rj

 

[not2cleverRed]

What is the name of your state (only U.S. law)? New York

Were two years into our divorce and finally heading to trial. I filed a motion to compel and was granted, she failed to comply with the decision yet again. Monday I was served the Note of Issue and it looked odd. It was not signed, notarized or completely filled out. I looked closer and things were white/crossed out. I called the county clerk to verify the information and sure enough it was different then what she mailed/served me. The Plaintiff and her ex-attorney also lied on court documents about the legal fee's. She was in a low fee program at $150 an hour. They filed a motion trying to say she was paying $450 an hour. I have the recorded phone conversation from her attorney telling me he was in the pro-bono/Low fee program and that's where he picked her up from. I also have an email from her telling me if I did my homework I would've known she was in the low fee program at $150 an hour. Little did she know I did do my homework! I busted them on that as well. Basically, my question is can I now file for a default judgment, summary judgment or summary trial under the basis that she lied on several court documents, served me altered documents and can no longer be trusted for trial? What can I use in my defense to shut down this trial because were both Pro-Se so it's going to be a circus if you ask me.

kind regards,
-rj

No. No you may not file for a default judgement based on this.

If you are proceeding with the pro se route, learn as much as you can about court procedure and what is/is not evidence.

 

[rperreta]

No. No you may not file for a default judgement based on this.

If you are proceeding with the pro se route, learn as much as you can about court procedure and what is/is not evidence.

Thank you for your quick response... What can I file to help me in trial then? She lied, her ex-attorney lied and she served me altered papers. She change the amount on the paperwork she served me from what she filed at the clerk. There has to be some repercussions for her actions. I'm already looking into filing the motion to preclude & limine.

appreciate your help...

-rj

 

[adjusterjack]

What, exactly, are you two fighting over that requires a trial?

It's going to be those issues that the judge will be concerned with, not squabbles about who lied about this or that or who didn't comply with this or that.

 

[LdiJ]

What, exactly, are you two fighting over that requires a trial?

It's going to be those issues that the judge will be concerned with, not squabbles about who lied about this or that or who didn't comply with this or that.

I dunno...she served him paperwork that doesn't match what she submitted to the court. That is pretty blatant and a sign that she is playing some pretty serious (and potentially really stupid) games.

 

[HRZ]

laymans take ...what is the $ value of the matters in debate.?


we know at least as per your version her credibility is about zero ...but a debate about credibility does not help your wallet ..and winning an ego contest is a hollow victory the next week..and unbankable

If there is serious money or property at stake or child custody..then I very strongly suggest you hire the best attorney you can find ...he or she will know how to blow their credibility apart in court without overdoing it ..you however may blow the cards your ex has handed to you almost on a silver platter . Do not blow it!

 

[rperreta]

What, exactly, are you two fighting over that requires a trial?

It's going to be those issues that the judge will be concerned with, not squabbles about who lied about this or that or who didn't comply with this or that.

Child Support - My CSSA amount is $960 a month currently I'm paying a Pendelite of $1,800 a month because the judge felt that she was doing everything for the kids on her own (that's crap!)
Visitations - She has blocked all my visitations. I'm filing 5 contempt charges against her. She has poisoned the children against me.

We both want the divorce so that's a non-issue.

At this point I want to have my child support set to my CSSA amount and my visitation schedule remain the same. I'll fight that in family court where I have better odds. It's really stupid that we have to hold a trial for this because she is trying to get me for $3,000 a month... $2,000 in child support and $1,000 in maintenance. The judge already denied her maintenance and legal fees so this is just pointless. The numbers are the numbers and there is a parenting plan in place already!

-rj

 

[rperreta]

laymans take ...what is the $ value of the matters in debate.?


we know at least as per your version her credibility is about zero ...but a debate about credibility does not help your wallet ..and winning an ego contest is a hollow victory the next week..and unbankable

If there is serious money or property at stake or child custody..then I very strongly suggest you hire the best attorney you can find ...he or she will know how to blow their credibility apart in court without overdoing it ..you however may blow the cards your ex has handed to you almost on a silver platter . Do not blow it!

I wish I could afford an attorney at this point. I spent over 20k with one and all he did was tell me lets see what the next court date has to offer... I didn't know any better and I continue to fly up to NY from FL for all these court appearances. I've moved further along in this case without him. Sad but true!

 

[HRZ]

Unfortunately unless you cram law school, passing the bar and several years of relevant experience into the next few weeks ..I think you are destined to blow the major credibility cards your STBX handed you by her stupid steps.

the judge might just tune out both parents and focus on the guidelines for child support ...but that's s risk Id be uncomfortable to take pro se.

BTW..who moved far away.

on totally different matters ..I've been in court to sit and wait ...and I've watched local rules in play such that an attorney spends 5 hours waiting for judge to spent 5 minutes on a custody matter and essentially say, reschedule it ..

If she has dismissed her attorney that may give you and your attorney a tactical advantage as well. ( I do not know your rules..but My understanding is attorney would need to be officially released by court ) and what you may want to sort out in advance if possible is the prospect that if she hires new counsel and at first appearance the new lawyer asks for delay so he / she has time to come up to speed to represent his/ her client..and you made a trip for that ...still I think you alter your odds rather unfavorably not to use counsel..and perhaps your current counsel was quite on the ball to out wait her ....

 

[not2cleverRed]

Child Support - My CSSA amount is $960 a month currently I'm paying a Pendelite of $1,800 a month because the judge felt that she was doing everything for the kids on her own (that's crap!)
Visitations - She has blocked all my visitations. I'm filing 5 contempt charges against her. She has poisoned the children against me.

We both want the divorce so that's a non-issue.

At this point I want to have my child support set to my CSSA amount and my visitation schedule remain the same. I'll fight that in family court where I have better odds. It's really stupid that we have to hold a trial for this because she is trying to get me for $3,000 a month... $2,000 in child support and $1,000 in maintenance. The judge already denied her maintenance and legal fees so this is just pointless. The numbers are the numbers and there is a parenting plan in place already!

-rj

That is a bad idea.

Family Court isn't going to second guess your current judge during the divorce, and the only way you're going to get a downward modification after the divorce is if you can show a change of circumstances. Let me illustrate with a first hand example. My ex didn't want to pay any child support, so in our divorce the judge came up with numbers based on an imputed income (he was unemployed). After the divorce, and continuing to not work, he petitioned for a downward modification (and the return of what money the CSEB had collected from his frozen bank account and seized tax refund). Because there was "no change in circumstance" - he had been unemployed at the time of the original order - not only was his petition denied, but the judge refused to even calendar his next petition.

Moral of the story: don't piss off judges. Also, don't think Family Court will modify orders without a change of circumstances.

You are doing this pro se. The judge may allow you some leeway, knowing that you are a lay person, but it is on *you* to learn the rules and follow them. Don't ask for ridiculous things, and stick to provable facts.

1) For child support: it's reasonable to ask for the CSSA amount. You will not come across as a difficult loon if you are asking to just pay guideline support and can show that you are not willfully underemployed.

2) Maintenance: really? Is she unable to work? Maintenance should be short termed, unless there's a really good reason. Like, it's not as though she put you through law school... Or any other kind of school with a potentially lucrative degree.

3) Parenting time: yes, you should come across as "reasonable" requesting the same visitation as in temporary orders. Do double check that they are suitable for your current situation.

Try not to use words like "poison" and "venom". Be nice, civil, and polite to a fault. Stick to facts.

 

[stealth2]

The judge already denied her maintenance and legal fees so this is just pointless.

Since the judge denied legal fees, why do you care what she said her fees are? You're giving that too much space in your head.

Frankly, why are you living so far away from your kids?

 

[Ohiogal]

Thank you for your quick response... What can I file to help me in trial then? She lied, her ex-attorney lied and she served me altered papers. She change the amount on the paperwork she served me from what she filed at the clerk. There has to be some repercussions for her actions. I'm already looking into filing the motion to preclude & limine.

appreciate your help...

-rj

File for sanctions against your spouse and ask that she be required to provide proper copies of things.

 

[rperreta]

Since the judge denied legal fees, why do you care what she said her fees are? You're giving that too much space in your head.

Frankly, why are you living so far away from your kids?

I moved to Florida for business reasons. It's not about her legal fee's I know he will deny them again as we are both pro se. I'm just saying throughout this divorce action she has lied time and time again without repercussions. I'm trying to figure out how I can use that in my favor. Everything from discovery she asked I provided, Anything the court said I did. The court is one sided as the judge has said in his decisions I up and left the kids. That's not true, when I walked out of the house I handed her the last $980 I had in my pocket and since then continued to leave myself broke all the time making sure my kids had. I take a great deal of offense to the judges comments as he's going off what she is saying not the FACTS! I provided exhibit after exhibit over several motions with proof and all she provided was self-serving statements with no proof. That's what angers me! So, how can I leverage this some way where I can show the court she lies and comes with unclean hands?

-thanks all
Rich

 

[stealth2]

I moved to Florida for business reasons. It's not about her legal fee's I know he will deny them again as we are both pro se. I'm just saying throughout this divorce action she has lied time and time again without repercussions. I'm trying to figure out how I can use that in my favor. Everything from discovery she asked I provided, Anything the court said I did. The court is one sided as the judge has said in his decisions I up and left the kids. That's not true, when I walked out of the house I handed her the last $980 I had in my pocket and since then continued to leave myself broke all the time making sure my kids had. I take a great deal of offense to the judges comments as he's going off what she is saying not the FACTS! I provided exhibit after exhibit over several motions with proof and all she provided was self-serving statements with no proof. That's what angers me! So, how can I leverage this some way where I can show the court she lies and comes with unclean hands?

-thanks all
Rich

Thing is - everyone lies in family court, so it really doesn't surprise a judge.

But the judge is technically correct - you did up and leave your kids hundreds of miles away to a different state. You became less involved than you would have been by remaining close by. By moving out of the home and leaving the kids there (even if you had moved next door), you essentially said that she is fit to raise your kids. Yes - you did that. The judge is going by your own actions, not necessarily what your ex is saying. I know that's not a pleasant reality, but reality it is.

You need to focus on what matters - not seeing your kids. The rest is not as important. Frankly, you'd be well served by a lawyer who could keep you from spinning your wheels in irrelevancies.

 

[HRZ]

RIch...just as a layman I am suggesting you are wasting a golden opportunity to use counsel to advance your point of view and to protect against a decision that may be hard and expensive to unwind if it's inconsistent with your point of view on the facts. You are stupid to go into court armed with a rubber knife ...send /take in a paid gladiator

ANd you risk aa serious problem that no matter how wacky either parent my be, the judge may err. on high side of support as being in best interests of the child's future .

And no matter how you paint the picture, YOU are a lousy advocate about your own reasons to relocate..and the judge is already clear about that!