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Messages - TPK

Pages: 1 23 4 ... 17
11
Dear Socrateaser / RE: Order Still Not Submitted........Options??
« on: Mar 27, 2006, 09:40:14 AM »
>Write your attorney and tell him that you are instructing him
>to write the judgment immediately, and that he request
>additional attorney fees and costs to cover from the other
>party"..

1. Excuse my ignorance here but does this require filing a motion in court to have them pay the fees?


2.  How much of the attorney fees am I asking for??...half??....all?

I have rang-up $600.00 in legal fees just calling my attorney and asking him about why this hasn't been submitted.

3. Can I ask that my ex pay the $600.00 in fees as well?

Sorry to blast you so soon after your vacation with all these questions.

Cheers!

TPK

12
Dear Socrateaser / Order Still Not Submitted........Options??
« on: Mar 27, 2006, 07:33:23 AM »
Hi Soc,


I wrote to you a few months back about my order never being submitted. Divorce was finalized in court on Oct 4th 2005. Judge directed my ex's attorney to write up and submit everything.

It's now approaching April and this still is not done.

I have spoken to my attorney about it and all he does is write her letters reminding her to do it, and he never gets a response.

I told my attorney to submit it and he says "I was hoping I wouldn't have to".

This is beyond absurdity.


1. Is there anything I can do personally ie write the court and complain?


2. For tax purposes....am I legally divorced or not?? I was speaking to my accountant the other day and we couldn't figure it out. My ex and I both signed some paperwork in court and I was figuring that was good enough for me to file taxes "single".


Cheers!

TPK

13
Dear Socrateaser / RE: Order Never Submitted....What's Next?
« on: Jan 12, 2006, 12:39:45 PM »
>Most likely because your spouse's retainer has dried up and
>she won't pay anymore, so there's no monetary incentive to
>finish up the case. Happens all the time.


1. Can a client direct counsel to not submit it??....I was thinking maybe wife wasn't happy with what she agreed to and wants to squash it.




>>Attorneys don't like to do this, because it makes the other
>lawyer look bad, and attorneys must work together in
>subsequent cases, so this action creates a problem for future
>clients.


My attorney said he would submit it himself, but that he was getting no response from the other side.



>
>In short, you need to tell your lawyer that you understand all
>that, but enough is enough and you want the judgment filed --
>otherwise, your attorney will stall in hopes of avoiding
>future difficulties -- all to your disadvantage.


2. If I ran over to family court and filed negligence or something over the vaccine issue, and asked for temp custody, would the family court hear it being that the judgement of divorce was never submitted in Superior court??

I know.....it's a real long shot.


Thanks


TPK




14
Dear Socrateaser / Order Never Submitted....What's Next?
« on: Jan 12, 2006, 09:54:44 AM »
Soc,

Divorce finalized in court Nov 5, 2005. Wife's attorney had 30 days to submit the order. She didn't submit order in 30 days. She asked and got a 15 day extension. 15 days passed and still didn't submit order. It's now 2 months later and no order has been submitted.

I spoke to my attorney, he sent wife's laywer a letter basically giving her a nudge to submit the order. That was weeks ago. She still hasn't submitted it.


1. Why would an attorney not submit the order??..possible reasons??


2. Is everything that was settled Nov 5, 2005 valid right now??


3. Is there a time limit on entering the order??...and is anything ever voided if order is not submitted in a certain amount of time??


I had a problem over Xmas when wife didn't show up with child for parenting time transfer ( on a Friday). I had to track her down hours later and I got the State Police involved. To make a long story short, I did get daughter the following morning (saturday). Wife insisted I was to get daughter Saturday and not Friday. I knew she was wrong because the agreement in court was that if I would get daughter for Xmas & Xmas eve for 2005, and that if a holiday fell on my time (Fri-Mon) that I'd get daughter in the future anyway.

Not having the unsubmitted order in hand when I went to the Police made it difficult to get them to help. They did help, only because it was Xmas, that's what they said.


Also, wife claimed in court she lived at X residence, when in fact I found out she's living somewhere else now and she never told me.

4. Shouldn't she be required to tell me where she's living??


Thanks


TPK


15
Dear Socrateaser / Happy Holidays to You Soc
« on: Dec 21, 2005, 08:16:00 AM »
Hi Soc.

Just a note to wish you Happy Holidays and to thank you for the time that you devote to this great site.


I think you're working too cheap. I just read that a certain lawyer now charges $1000.00 an hour, supposedly the first to crack that barrier. He's not a family law practioner, mostly corporate, but still $1000.00 an hour is not pocket change.

http://taxprof.typepad.com/taxprof_blog/2005/12/attorney_billin.html


Cheers!


TPK

16
Dear Socrateaser / How to Proceed?
« on: Dec 02, 2005, 12:17:15 PM »
Soc,

I'm still on the fence about going pro se on this. My attorney said he'd like to have some fun with it. Not wanting to screw anything up, just maybe I'll let him handle it.

The reason I plan to pursue this issue in court is because ex & I had a "verbal" agreement that child would begin vaccinations by age 2 (April 11, 2006)


I didn't want to agree to this initially, and I thought I'd address it during the divorce, but I pushed it aside just to get the divorce done.

Ex now tells me child will be vaccinated at age 5. That's just unacceptable to me.

Questions

1. If you were my counsel, what action would you bring in court to address this vaccine issue?....OSC?.....Neglect??



2. Any chance of finding the vaccine issue in some case law?? I can't be the first parent taking another parent to court to get a judge to order it could I?


I really like my chances of getting a win on this issue. Based on what past judges have said they would rule, law guardians opinions, and most importantly the Doctor's opinion.

Thanks!


TPK




17
Dear Socrateaser / How to Proceed?
« on: Dec 02, 2005, 12:17:15 PM »
Soc,

I'm still on the fence about going pro se on this. My attorney said he'd like to have some fun with it. Not wanting to screw anything up, just maybe I'll let him handle it.

The reason I plan to pursue this issue in court is because ex & I had a "verbal" agreement that child would begin vaccinations by age 2 (April 11, 2006)


I didn't want to agree to this initially, and I thought I'd address it during the divorce, but I pushed it aside just to get the divorce done.

Ex now tells me child will be vaccinated at age 5. That's just unacceptable to me.

Questions

1. If you were my counsel, what action would you bring in court to address this vaccine issue?....OSC?.....Neglect??



2. Any chance of finding the vaccine issue in some case law?? I can't be the first parent taking another parent to court to get a judge to order it could I?


I really like my chances of getting a win on this issue. Based on what past judges have said they would rule, law guardians opinions, and most importantly the Doctor's opinion.

Thanks!


TPK




18
Dear Socrateaser / What would an attorney think??
« on: Nov 23, 2005, 02:56:07 PM »
Hi Soc,

I have to take the ex to Family Court by next April on the vaccination issue.

I'm considering going Pro Se this time, just for this one issue though.

I've used the same NY lawyer for the divorce etc. He's OK in court, but doesn't return calls right away. I said I was gonna toss him when the divorce is over, but now I'm not sure.

I might need him in the future, but I "think" I can handle the vaccination issue myself.

1.  Have you had a client who had you represent them first, then the client went Pro Se only to come back and want you to represent them again?

I guess what I'm really asking is if attorneys get all bent out of shape when a client goes pro se and then comes back for representation?

2. Bad idea to go pro se on this issue?


Just wondering if attorneys have thin-skin and egos that bruise easily?

Happy Turkey Day Soc!

TPK


19
Dear Socrateaser / RE: Small Claims Court??
« on: Nov 09, 2005, 02:43:15 PM »
"You may have no option at all."

I thought you might say that.

I don't have the decree/CO yet, should have it soon, not sure what the holdup is.

I guess I'll get back to you when I do have it....but I have the feeling I'm SOL on this one.

Thanks

TPK

20
Dear Socrateaser / Small Claims Court??
« on: Nov 09, 2005, 10:16:29 AM »
Greetings from PA Soc, I finally moved.

There was very little marital property involved in my divorce. I gave her what she wanted, and she agreed to give me what I wanted.

Some items I wanted but never got were a computer (new), an expensive desk and a snow blower. I paid for all these items, 2 were bought by my company.

Whenever I asked to go and fetch these items, she always had an excuse. She agreed to give me these items in front of both attorneys and one of the judges that heard the case.

Last week I inform her that I've moved and want to come pick up the items of mine at her house in NY.

She agrees at the time.

Days later, she tells me "no". Says she's keeping the computer for our daughter. Daughter is 18 months old, certainly years from being able to use the computer. Ex-wife doesn't use the computer, she doesn't know how.


I have all bills, invoices, receipts etc for these items.

1. Is small claims court my only option here?

2. Can you suggest something else?

I told her she could keep the computer if she paid me for it ($700), she refused.

These items might seem petty to most, but I really need these items now.

Thanks

TPK

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