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  • She got 75% of net assets + alimony forever.

    Hi! I'm posting this on behalf of my friend who's basically going crazy at this point.

    I'm hoping to get some feedback from readers, anything would be appreciated.

    The following is basically in order of occurrence:

    - My friend was married for about 25 years.

    - He is a simple person who doesn't understand law or technology or anything modern. He understands working and giving his pay cheque to his wife.

    - He put every asset in his wife's name.

    - Then him and his wife divorced. Children in their mid 20's.

    - Not knowing about law, he had his wife's lawyer appoint a lawyer for him.

    - He signed all documents without reading (he has low reading comprehension) and the documents were not explained to him.

    - He signed over 75% of all net assets to her.

    - She got: $140,000 cash payment, $20,000 car, plus approx $10,000 misc furnishings. This was 3 years ago.

    - This was not reported in the divorce agreement. The lawyer kept all of the papers, and then the papers "got lost".

    - In the actual divorce agreement none of this settlement was mentioned at all. Instead it stated he would pay $700.oo per month until he died, reviewable every 5 years.

    - He has worked and made his payments faithfully, however in the past year he has missed all of his payments. Partially because his income has taken a huge drop.

    - His wife is living very nicely with her new boyfriend. But she is so smart there is very little way to prove this.

    - Family Services then suspended his diverse license, put a note on his credit file and froze his bank account and put a garnishment on his wages.

    - Because he can't drive, he is now unemployed.

    - He currently has $20,000 in assets. (the man knows how to save money).

    - He recently received a court subpoena stating that he must come to court to explain himself and or face judgment of up to 180 days in prison.

    - Family services told us to our face that his wife will show up in court looking sickly and needy, and they (family services) will be there to defend her rights to alimony.

    - He can't get a loan to pay her and even if they gave him his license his income isn't enough to support the $700 payments. He asked if he could pay $150 per month now and they (Family Services) laughed at him.

    - He went to a laywer (and once again, not knowing about law, and not smart enough to ask us friends for help) the lawyer took $2500 and wrote a letter to Family Services, of which family services said is nonsense. He now has $0.00 to pay lawyers.

    - 2005 income $35,000, 2004 income $47,000, 2003 income: $10,000

    So that brings us up to today. The court date is in late March. Is there anything he can do?

    Any advise? Any comments?

    Is he basically screwed?

  • #2
    Ps:

    PS: He wants to do whatever is right. He keeps saying "Whatever is right, I'll do that".

    Is he being unreasonable or what? I figured a different perspective and some realistic facts would help

    Comment


    • #3
      WOW what a messed up situation.... one question - so his lawyer was appointed by his wife's lawyer? I don't get this- did this lawyer not represent his interests?

      Can he get any replacement of the documents- can he go to the banks etc and get proof that this was paid. It seems very odd that 75% of the assets went to her and there is no trail of this or mention in the agreement was it even legal? ....

      Would he be possibly qualify for legal aid if his income is so low now?

      It seems to me that he could apply for a reduction in support( don't think it would be on the back support though) based on material change in circumstances.

      Glad he has a friend like you to help him through this now...

      Comment


      • #4
        re:

        Hi agian. To answer your question Jenny

        - His lawyer WAS appointed by his ex-wife's lawyer and did not represent his interests. He did not disclose the terms of the divorce agreement and did not give him copies of the agreement.

        - re: Going to the bank to get the documents - we all went to the bank and asked..and GUESS what? Well it's the same branch that deal with his ex wife and she must have said something because all of those documents are gone and we only get the runaround.

        - He does qualify for a certain amount of legal aid I believe (Family Services said so).

        - We are going to tell all of these things to the judge, but honestly, it seems very far fetched and I would hope the judge would be able to talk to the people involved and get to the bottom of it..but all in all if there isn't any paperwork to prove it all..just the word of family and friends, I don't think he stands much of a chance.

        We are basically just reduced to praying at this point! We even told Family Services - He wants to pay, but since they suspended his license and then froze his bank account, how does that help him to pay? It just made his situation worse!

        Comment


        • #5
          WOW, what a mess!!! I think your friend would be facing an impossible battle to have the agreement concerning the assets changed at this point. Sounds like a good client/bad lawyer story. Hard to prove that the lawyer didn't explain it properly and that he didn't understand what he was signing.

          Sounds like he has a material change in circumstances claim regarding his salary. Don't think he would qualify for Legal Aid as he has some assets. Thank goodness he has you for a friend. Don't let him go to court on his own. Perhaps you could find him a new lawyer and go with him. Best case scenario would be to have the support payments reduced and back support payments reduced or forgiven. He would need to have this ordered by the court.

          Good Luck

          Comment


          • #6
            Originally posted by dazedandconfused


            - We are going to tell all of these things to the judge, but honestly, it seems very far fetched and I would hope the judge would be able to talk to the people involved and get to the bottom of it..but all in all if there isn't any paperwork to prove it all..just the word of family and friends, I don't think he stands much of a chance.
            DO NOT go to court without paperwork to back up your position. Start writing letters (everything in writing) to the lawyer that originally handled the case, asking for the agreement. Letters to the bank asking for statements. etc. etc. Show the Judge that he is trying to correct the situation.

            Comment


            • #7
              The whole idea of her lawyer appointing another lawyer just seems so messed up to me . Why did the lawyer even bother to do that instead of just having him sign her agreement? I personally am paranoid about getting copies of everything I sign.

              Anyway , Grace's advice is good-document the letters requesting the agreement , bank statements etc... Try to get as much proof as possible - even if it is old bank statements that show a balance of X on the valuation date or prior. Get as much paper as you can.

              It sounds like a terrible learning experience for this fellow in terms of having his own lawyer and reading what he signs ... a very expensive lesson anyway.

              Comment


              • #8
                Driving for work

                I believe that in some circumstances, he could get his driver's license back if he can prove he needs it for work. I have a friend who did that years ago. I am not sure if thathad to be presented with a new support agreement or not. It is worth a try. If the license is required for him to pay support then they might return it. The only problem with that solution that I can see is that if he continues to miss payments, the 180 days in jail is the next step?

                Comment


                • #9
                  I don't mean to sound rude or anything, but does your friend suffer from some sort of mental deficiency? The way you talked, it sounds like he may have some issues there? I don't know if that may be a factor that a judge might consider as well, regarding the previous lawyer and agreements, etc., but it may be an avenue to consider. Hope that helps, and doesn't insult.

                  Comment


                  • #10
                    sASHA , I was wondering the same thing; certainly not out of meanness but out of concern. you're right I think that would be taken into consideration. Just thought I'd backup your thoughts. bye

                    Comment


                    • #11
                      NONE SENSE-
                      Please write the name of lawyer and complaint this lawyer immediately in Law-of-Society. Take action against his lawyer and her wife as a fraud...
                      represent case him self if he can't to afford a lawyer...

                      Comment


                      • #12
                        Get the details of the agreement, even if he has to state to the judge that he has never received them from his ex's lawyer.

                        Then he has to present these to the court for the court to determine if they are reasonable. If they are unreasonable a judge may throw out the agreement. But your buddy will also have to argue he was not properly represented as his lawyer had some sort of relationship with the ex's lawyer.

                        Your friend made sooooooo many mistakes here, and to be honest he has to take ownership for many of them. He doesn't get his own lawyer? He doesn't read or ask questions about documents presented to him? He doesn't take any proactive steps to seek a reduction in SS once his income drops?

                        Had he taken 1/2 the time to read or put some thought into this, he wouldn't be in the mess he's in. My sympathy for someone who fails to protect their own interests is very limited. Notwithstanding that though, he needs to provide evidence of his income drop, that losing his licence further reduced his ability to earn an income and that the agreement was unreasonable to begin with.

                        If he can get a lawyer, be it legal aid or whatever, he should. Otherwise, chances are he will get shafted again by not knowing what to do or arguing the appropriate details and will feel the court failed him.

                        Comment


                        • #13
                          Necropost This was a discussion from 2006! I wonder how it worked out. Probably not well

                          Comment


                          • #14
                            Damn, I missed that.....

                            Guest100 has been hijacking a number of posts and now necro posting....uggg...

                            Comment


                            • #15
                              Originally posted by winterwolf7 View Post
                              Necropost This was a discussion from 2006! I wonder how it worked out. Probably not well
                              My Friend,
                              My lawyer has suspended his license and I took money from him whatever I gave him. Now he was not giving me my file last 2 weeks. I left message for him, if you don't give my file, I will take a legal action against with you. His assist. called me within 20 minutes.

                              I am representing my case. I went twice in court and won twice... make a point what do u want to say in court than speak clearly. Always put blame she did fraud and misleading to court. I am going to court tomorrow and my ex broke court breach to show me kids. I had registered twice police complaint. I took file number from police department. Break a breach of court, she will get a fine or jail...
                              Don't give up.

                              Don't spend money on lawyer..
                              My case did not move from 1 point to next point when my lawyers representing my case. I take everyday her lawyer in court. She has fedup from me...I told to judge, my ex has not been giving bank statements. Judge gave orders right the way, she will have to give all statements within one month....

                              Just think, you lost everything and try & standup. Don't give single penny to any lawyers...read blogs and on Google. U will be good.

                              Comment

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