R
redbird2
Guest
Need Help In Kansas
KANSAS My lawyer called me yesterday (FRI) just before noon and informed me court is Monday morning. Said my notice was returned because the envelope was ripped and something about a posty note. I had just spoke to him # days before and he never mentioned court. He was served notice on the 19th. I needed to have suponeas issued but had no time. He called Husbands lawyer and court and got a postponement by saying the powerful narcoti drugs I am taking for pain will affect my performance in court. This is medicine I have just started taking to enable me to return to work. Two guestions.
1. Could my medications affect custody?
2. Should this happen again will firing my lawyer get a
Postponement?
He nearly cost me my whole case by not informing in time for the suponeas.
Next issue: Husband by 11 year common-law is now saying we are not legally common-law even though he has already testified under oath at temp. hearin (pre se at first hearing)that we were in fact common-law the last 11-12 years. My lawyer says I still have the burdon of proof. Can H change his mind like that? Legally, that is?
We have been known as H&W for 11 years by holding ourselves out that way even though I have never taken his name (and wouldn't have if we'd married in the church). All the bills were always in my name so there is no proof that way. All I have is family and a few hostile witnesses, the same as him. I'm sure his family will lie to spare him the alimoney.
Next issue: H is a construction worker and is claiming he is working less now than he did in the winter (temp support order then)! He wants the cs lowered but his change in income is only 7%. He must be getting paid under the table until after court because the weather has been great for work. Is there any way to prove this? What tactics have other clients used that were faced with this problem?
I know this is a LOT of questions but I really need advise. I no longer trust my atty. He is working for legal aid and I'm not sure if I can ask for a new one or not or for that matter, if it would cause hard feelings in that office. I really like my lawyer as a person but I am worried about my case. Please, give me second opinion and advise, Thanks Redbird
[Edited by redbird2 on 05-01-2001 at 08:58 AM]
KANSAS My lawyer called me yesterday (FRI) just before noon and informed me court is Monday morning. Said my notice was returned because the envelope was ripped and something about a posty note. I had just spoke to him # days before and he never mentioned court. He was served notice on the 19th. I needed to have suponeas issued but had no time. He called Husbands lawyer and court and got a postponement by saying the powerful narcoti drugs I am taking for pain will affect my performance in court. This is medicine I have just started taking to enable me to return to work. Two guestions.
1. Could my medications affect custody?
2. Should this happen again will firing my lawyer get a
Postponement?
He nearly cost me my whole case by not informing in time for the suponeas.
Next issue: Husband by 11 year common-law is now saying we are not legally common-law even though he has already testified under oath at temp. hearin (pre se at first hearing)that we were in fact common-law the last 11-12 years. My lawyer says I still have the burdon of proof. Can H change his mind like that? Legally, that is?
We have been known as H&W for 11 years by holding ourselves out that way even though I have never taken his name (and wouldn't have if we'd married in the church). All the bills were always in my name so there is no proof that way. All I have is family and a few hostile witnesses, the same as him. I'm sure his family will lie to spare him the alimoney.
Next issue: H is a construction worker and is claiming he is working less now than he did in the winter (temp support order then)! He wants the cs lowered but his change in income is only 7%. He must be getting paid under the table until after court because the weather has been great for work. Is there any way to prove this? What tactics have other clients used that were faced with this problem?
I know this is a LOT of questions but I really need advise. I no longer trust my atty. He is working for legal aid and I'm not sure if I can ask for a new one or not or for that matter, if it would cause hard feelings in that office. I really like my lawyer as a person but I am worried about my case. Please, give me second opinion and advise, Thanks Redbird
[Edited by redbird2 on 05-01-2001 at 08:58 AM]