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HELP: Can STBX (Respondent) amend pleadings after 4 years for damages ?

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  • #16
    Has your ex started legal action against you or is this just threats via text/email?

    If so, what has she served you with?

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    • #17
      Originally posted by rockscan View Post
      I have my moments Tayken
      To your benefit... You wanted to recommend it... and even questioned your advice.

      Comment


      • #18
        Originally posted by plainNamedDad44 View Post
        What if I just proceeded to launch a civil action on behalf of the children siting breach of fiduciary. There is plenty of evidence by way of the OCL . I am just looking for some leverage. Again forgive me all. I am still in a state of high anxiety
        Make them sever the tort from the family law proceeding and hold until the family law matter is complete. Then you will have the evidence from the family law order to rely upon. They are simply trying to complicate the situation by doing this.

        You should retain a lawyer to assist you. This is way complex stuff to deal with.

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        • #19
          Originally posted by arabian View Post
          Has your ex started legal action against you or is this just threats via text/email?

          If so, what has she served you with?
          Hi A, she's attempting to amend the pleadings in her original Answer for a tort claim. Just before the trial management conference!

          Comment


          • #20
            Originally posted by Tayken View Post
            Make them sever the tort from the family law proceeding and hold until the family law matter is complete. Then you will have the evidence from the family law order to rely upon. They are simply trying to complicate the situation by doing this.

            You should retain a lawyer to assist you. This is way complex stuff to deal with.
            Thanks T. Looking for one, but its a difficult choice looking at LawyerRatingz.com. I just spoke to someone today on a free half hour consult, I liked him, but I look him up and many reviews say he's dishonest and incompentent. I see alot of the phrase "Churn and Burn" in the reviews.

            I offered a prepaid limited retainer for this tort stuff. I think I have handled the past 4 years just fine on my own.

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            • #21
              My lawyer has terrible comments on the online thing. I didn't know this until a year after I had retained him and he asked me if I had ever checked it. Then I was curious.

              I'd really be very specific insofar as to what your expectations are and put it to the lawyer.

              My lawyer does not offer free 1/2 hr consultations (as far as I know most do not).

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              • #22
                Originally posted by Tayken View Post
                Never ever ever ever threaten you will bring criminal charges in a civil suit. It is a huge no-no.
                Only if you are dumb enough to put the threat in writing.

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                • #23
                  Can anyone say something to calm me down

                  Hi,

                  I've reached out to a number of civil lawyers, waiting to hear back. I am not eating or sleeping. Total blind side with this tort.

                  Can someone tell me something to calm me down.

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                  • #24
                    I am thinking get the tort claim severed. then have the kids swear affidavits as to what really happened and use them in civil court. They will tell the truth. 3 of my 4 are old enough.

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                    • #25
                      You have time to respond. You can also adjourn it. Consider this: you dont have to pay anything until a judge decides and you get to present your side. Stay calm and wait for a call back from a lawyer. You will be ok.

                      If that doesnt work, look at everything else this woman has thrown at you and you survived. You will get through this!

                      And if THAT doesnt work, look at your kids. You saved them from this woman. Youre a hero.

                      Its just words on a piece of paper!!

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                      • #26
                        Originally posted by rockscan View Post
                        You have time to respond. You can also adjourn it. Consider this: you dont have to pay anything until a judge decides and you get to present your side. Stay calm and wait for a call back from a lawyer. You will be ok.

                        If that doesnt work, look at everything else this woman has thrown at you and you survived. You will get through this!

                        And if THAT doesnt work, look at your kids. You saved them from this woman. Youre a hero.

                        Its just words on a piece of paper!!
                        Thank you RS. Given the disgrace of an assault around my neck I am truly grateful for everyone's support.

                        I am a good Dad, and would give anything for my kids. My son heard me sobbing last night like an idiot and stayed with me the whole night.

                        Forever thankful.

                        PND

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                        • #27
                          Things happen. No one is perfect and we all make mistakes. You did what you did. You took your punishment and you continue to atone for what happened. Theres no excuse for her to capitalize on this to punish you and your kids.

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                          • #28
                            Why are you worried.... Honestly, your kids came to live with YOU the proof is in the pudding.

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                            • #29
                              Originally posted by Links17 View Post
                              Why are you worried.... Honestly, your kids came to live with YOU the proof is in the pudding.
                              This is a very valid point.

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                              • #30
                                Originally posted by Links17 View Post
                                Why are you worried.... Honestly, your kids came to live with YOU the proof is in the pudding.
                                Because the tort claim is kind of different. Its not about me being the better parent, its about liability for damages.

                                What she's putting forward as the account of events is patently false, but something did happen. The number she is asking for means I would work until I die to life a sub standard live and that I could never retire. Thats what worries me.

                                Mind you, I felt alot worse when I didn't have the children. I guess worst case I'll live with them. LoL

                                Comment

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