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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #21 (permalink)  
Old 11-28-2017, 10:21 AM
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Originally Posted by DaveJ View Post
Would it be possible to reopen the divorce and have all of that investigated since they're already disputing things settled in the divorce from a few years back?
Unlikely, don't waste your time.

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Also another question I have is if it is possible to file complaints against these lawyers for mishandling of this?
Generally no. Lawyers act on the instructions of their clients. It would have to be egregious. (eg. Lawyer says he filed things, and blatantly lies about it. Lawyer steals money. That kind of level of nonsense).

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for example her exes lawyer that says can have arrears forgiven (he is also after my sister to pay for the legal fees of all these motions)
That's not even mishandling. That is your ex's lawyer doing his job. Were you under impression that lawyers are mediators? Ex's lawyer has no obligation to your sister at all.

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and her lawyer as well for allowing all of this to continue.
Your sister could have stopped this any time she wanted. She is free to sue herself.

She is also allowed to fire her lawyer.
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  #22 (permalink)  
Old 11-29-2017, 02:16 PM
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Well part of the problem is she can't afford to pay the lawyer anymore and her ex is bringing her to court to get full custody and out of paying arrears however I keep seeing that Fro has their own lawyers can she ask them to help her?
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Old 11-29-2017, 02:45 PM
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She can speak with her case worker but you mentioned that they halted enforcement because he filed paperwork. That might be wrong since there are plenty of people on here who have not been able to stop support enforcement by filing paperwork.

Does she qualify for legal aid?
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Old 11-29-2017, 04:02 PM
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If it is difficult to have Fro stop enforcement this worries me because they may have made a very serious accusation claim against my sister for the upcoming court date whenever it occurs.
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  #25 (permalink)  
Old 11-29-2017, 04:21 PM
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Has she spoken with her caseworker? What was the answer?

What exactly is his filing? Motion to change custody? Motion for support? Im going to assume that it was a motion to change with a request to forgive arrears.

I feel like theres much missing from your posts. I could see my partners ex claiming he is in arrears 20 grand and refusing to pay when in reality he doesnt owe her that and she is motioning for it.

Give as much details as you can on what the motion is, when it started, what he is asking for, how she responded to everything as it came along etc.
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  #26 (permalink)  
Old 11-29-2017, 04:50 PM
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her ex is bringing her to court to get full custody and out of paying arrears however I keep seeing that Fro has their own lawyers can she ask them to help her?
FRO will not intervene in a custody case. Why do they care who has custody?

They won't intervene on the arrears request either. They follow court orders, they don't create court orders. They may or may not continue enforcement while the case is before the courts, they seem to be variable in that regard.

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If it is difficult to have Fro stop enforcement this worries me because they may have made a very serious accusation claim against my sister for the upcoming court date whenever it occurs.
What on earth are you talking about? If your sister is as obscure as you are, then she had probably better scrape together the money for that lawyer.
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  #27 (permalink)  
Old 11-29-2017, 04:52 PM
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Another question, previously you said you wanted to complain about your sister's lawyer because...

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and her lawyer as well for allowing all of this to continue.
But now you've indicated that the ex is initiating the proceedings, so how could the lawyer have stopped anything short of a trial? Summary judgment perhaps but that almost certainly doesn't apply to you.
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  #28 (permalink)  
Old 12-01-2017, 02:53 PM
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Janus I was just guessing why Fro would halt enforcement.

I am still trying to get the answers to help my sister but here is the thing I don't believe it is going to court that just seems to be the intimidation tactic being used here. ( a form of legal harrasment)

Her ex has the boys and is telling them not to speak to their mother and we are convinced alienating them against her and they continue to file motions but then court is delayed I have no idea why but it happened a few times already.
My sister does have legal aid but still the costs are mounting.
It is a war of attrition they are waging on my sister and we are concerned about the boys health at this point however her ex wants to get out of the arrears and from the sounds of it that too is impossible so this is going to go on for quite a while and I was hoping there was someway to put an end to it (legal harassment) quickly.

How can the situation of an Ex husband using a lawyer and courts to harass his ex wife be remedied?
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  #29 (permalink)  
Old 12-01-2017, 03:00 PM
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if he is declared a vexatious litigant then that may help with the harassment.

I am not sure what has to happen for him to be declared that or how it is done. I think there was a poster on here who was declared a vexatious litigant and needed court permission to file anything.

Try using google to see what comes up and if it fits for your sisters case.
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  #30 (permalink)  
Old 12-11-2017, 11:43 PM
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It is very strange that the FRO case worker assigned to the case is no longer enforcing! Please does anyone know if there is a supervisor or some kind of oversight that can be contacted?
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