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Notice of Approaching Dismissal ? Need help

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  • logicalvelocity

    you have to continue on with the case. File a motion for interim relief such as child and spousal support and have the court input an income to the individual based on previous years tax returns.

    Support of children is a paramount consideration. At the same time you could also bring forth an order to vary the child's access to one that is occurs in a supervised environment. I believe that the latter is an urgent issue, therefore you could bring forth an emergency motion.

    The court process is stressful and can be frustrating at times. Don't give up. Hang in there. You can represent yourself and I believe the court would be flexible to a degree considering you are trying to obtain support for yourself and your child. The forum offers a wealth of information for self represented litigants. All the required court forms, Family law rules are online. You can do this!


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  • independentgal
    started a topic Notice of Approaching Dismissal ? Need help

    Notice of Approaching Dismissal ? Need help

    I am still separated after two years from my ex husband. There has been no settlement of issues, I do not receive any child/spousal from ex and our joint business is being run(absolutely no income-just expenses due to ex's slander of clients) solely by myself. I am beyond broke just to support the business obligations, never mind my outstanding legal bill of 60K. My lawyer dumped me in December as I mentioned to him modest repayment terms after he billed me 40K in the last 6months. I was COMPLETELY unaware that he had billed so many hours-and I have nothing to show for it, lost my home and business location, no spousal, no child support, ex is getting away with serious fraud etc. So, I tried to calmly explain that I was seriously unhappy with the outcome of my case, to which he replied, "...If I was getting money for the bill, I would have been happy to put more effort into your case." I point out that if I knew he was going to make a lousy effort unless he was paid up, I would most certainly have found a way to pay more down on his bill.

    Anyway, my lawyer applied to be removed in mid December and now I am representing myself. But I cannot do this as my situation is too complex and my ex's lawyer would have a field day with me. I do have to point out that my ex's lawyer has not made one call or letter since my ex committed fraud against me. I believe that my ex does not want to stir up the hornets nest with me as he is clearly guilty and knows that I can pursue contempt charges-and make them stick. I just need the money-and a lawyer-to do that.

    I just received a Notice of Approaching Dismissal of motions we both filed in June 2006. There are other outstanding motions that have yet to be heard due to short motion days vs. long motion days-i.e. not enough time to hear all issues.

    I am not sure if it is in my best interests to allow these motions to be dismissed or not?

    I have until the end of the month to do one of three things:

    new trial date
    settlement conference scheduled
    ? some other option

    My dilemma is that I do have a strong case against my ex for marital tort, fruad, misrepresentation of facts, contempt of court etc. and I need legal advice.

    I cannot qualify for legal aid as my family cosigned for the house I am in and I am on the deed. I do have assets but I have SO much debt(over100K) that I simply would only be able to pay out of any settlement I may get after my ex and I settle. I can maybe borrow another 3 or 4 thousand for legal bills but I am so broke.

    Any advice to deal with this Notice of Approaching dismissal so that the motions DO NOT get dismissed until I can find a lawyer in my area that can help me?

    Thanks LV.
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