Ok, here's the just. I've paid my lawyer since last Dec approx. 71K which included a motion of change, 2 CC, 1 SC, 1 TMC, and the second TMC is scheduled in a month from now. The lawyer advised I need to pay another 14K to put my account in good standing as 5200.00 is past 30 days due. Yes, they've calculated this month as another 7K for 3 hrs of questioning of applicant and prep and want 2500.00 as additional retainer. I do not have a continuing record, I seriously don't have access to monies as I just paid 3800.00 a few weeks ago for the previous last months balance. After questioning a put an offer to settle to the other side (who is self represented and legally proficient) based on the factual evidence /statements provided. Her response was "it's before the courts and she's going to take her chances in letting them decide".
What the heck do I do? I have nothing... I've been completely dependent on my lawyer from a procedural and documentation perspective. They have only provided me partial documentation (briefs, disclosure etc...) throughout. Also, the other moving party has changed the scope of the TMC which was to get her disclosure and settle financial issues, but has now included sole custody and revised access, although during questioning she stated that the current arrangement is in the children's best interest.
I don't know how much I should be panicking, but I think I should be - compounded with the fact that neither my rent is paid, my "without prejudice Support Order against me is now behind as she now reneged on bi-weekly payments and wants it through FRO", my children come back shortly (50/50 access), I've been sued in small claims court recently (more to come), car reprocessed, went to food bank this morning, utilities unpaid, as I type this I say "Holy @*%&" this doesn't look good. As the bankruptcy trustee even said "Your screwed, as you are not able to support yourself or 3 children with your remaining income after court Orders, I could reduce my grocery budget (really? cause I'm already using the food bank).... While I type this I break down and laugh, - this is insane... Yes I'm employed full time.
My hope was that I could claim undue hardships based on questioning / examination questioning, as the interim order was based on her claim of zero income, however under questioning it is clear that she is self supporting on a net income of 5200 - 5400 (minimum per month (wealthy family)), I'm struggling with less than 1800 per month (paying 1200 in rent (yes already in subsidized housing project). I live in a rental less than 1200 square feet with twin girls and son, ex living in new 4 bedroom 2600 sq ft home, no rent, no debt (credit cards, loans, etc...) no car payments. Yes, I have 50/50 joint, shared custody and access. The children are in my school catchment area..
Where do I start, what are my options in preparing for my TMC, can my lawyer run leaving me hanging?
What the heck do I do? I have nothing... I've been completely dependent on my lawyer from a procedural and documentation perspective. They have only provided me partial documentation (briefs, disclosure etc...) throughout. Also, the other moving party has changed the scope of the TMC which was to get her disclosure and settle financial issues, but has now included sole custody and revised access, although during questioning she stated that the current arrangement is in the children's best interest.
I don't know how much I should be panicking, but I think I should be - compounded with the fact that neither my rent is paid, my "without prejudice Support Order against me is now behind as she now reneged on bi-weekly payments and wants it through FRO", my children come back shortly (50/50 access), I've been sued in small claims court recently (more to come), car reprocessed, went to food bank this morning, utilities unpaid, as I type this I say "Holy @*%&" this doesn't look good. As the bankruptcy trustee even said "Your screwed, as you are not able to support yourself or 3 children with your remaining income after court Orders, I could reduce my grocery budget (really? cause I'm already using the food bank).... While I type this I break down and laugh, - this is insane... Yes I'm employed full time.
My hope was that I could claim undue hardships based on questioning / examination questioning, as the interim order was based on her claim of zero income, however under questioning it is clear that she is self supporting on a net income of 5200 - 5400 (minimum per month (wealthy family)), I'm struggling with less than 1800 per month (paying 1200 in rent (yes already in subsidized housing project). I live in a rental less than 1200 square feet with twin girls and son, ex living in new 4 bedroom 2600 sq ft home, no rent, no debt (credit cards, loans, etc...) no car payments. Yes, I have 50/50 joint, shared custody and access. The children are in my school catchment area..
Where do I start, what are my options in preparing for my TMC, can my lawyer run leaving me hanging?
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