Army wife w/o lawyer being underminded my attorney and lawyer
This is a discussion on Army wife w/o lawyer being underminded my attorney and lawyer within the Divorce, Separation, Annulment forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; I am in NC, my husband is army stationed in IL. We are getting a divorce in IL. The only ...
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#1 |
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Junior Member
Join Date: Feb 2010
Posts: 3
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I am in NC, my husband is army stationed in IL. We are getting a divorce in IL. The only 3 issues that we have outstanding it child support, our vehicle and alimony if any. We took DNA test in two different places and it came back negative..but they lab could not prove the my husband took the test the pic was distorted. I asked the judge for another dna test. My husband has a lawyer and I don't because I have been laid off...when i was working alot of my funds were going to my sons going back and forth to the doc. He had heart surgery at 1 and he had to have a valve replacement surgery so he sees the cardiologist frequently. Plus my husband had paid only 800 in support the entire 2 years we have been seperated. Most of that came in the last 2 months. However, in court the judge agreed that we should have the test done in the same place if my husband could not produce the proof that he took the test. A week before we were suppose to go back to court his lawyer pops up with a continuance. The airport was closed due to weather and the day of court I could not get to IL. The attorney called me and said that he was having the order for the test done and we would take it like before. I said no because the judge said we could have them done and get the results back in a day and get this all resolved being that I had to keep traveling from NC. The lawyer convinced the judge that it took 10 days for the results to come back and all so we would up taking them the same way again. In two different places. The lawyer sent me a fax he claimed he sent to the company that did the testing telling them to send me a copy of my husbands fingerprint and Id with my results. I took my test on a monday...it was sent off tuesday processed by that thursday and i had the results saturday. Results and no identifying information. I contacted the company that monday. They had no record of the letter that the attorney sent me that he said he faxed, so I faxed it to them. I also asked about the turn around tim of the test and she said they usually get them done in 24 hours...3 days at the most and there is no way that anyone told that attorney that it would take 10 days. She said my husband and I could have took it one morning..the court could have overnighted the samples and they could have faxed the results back that next day or the day after. So basically 2 days at the most. She said that they had to "find" his picture and prints, but she would send them the next day. It's been over a week and I have no info from them. I called back yesterday and no response. We go to court March 5th. I want to appeal the test again but i don't know what to do. The statues that I have read said it has to be done at least 28 days. we just got the results back about a week ago. Also we have a vehicle that he had the bank to pick up. It was the only vehicle that I had and it was purchased during the marriage. The attorney claimed it was picked up for nonpayment, but the bank told me my husband asked that it be picked up. I was in school, had the kids and all during this time. Also, am I able to ask for back support that he hasn't paid. The army has a regulation that is in place when there is no court order. The major at the inspector generals office said that I should ask the judge for back support since they can't enforce it.
What do I do!!! I don't have an attorney and this is getting really stressful...if i could just get some info on what to do i'll gladly do the foot work, it just seems right now that he's getting the upper hand. I have 3 kids and i really need a fair resolustion to this marriage. Thank you so much. |
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#2 |
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Top Level Member
Join Date: Dec 2009
Posts: 12,618
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I wish to inform you that you can inform the court about the wrong information which is supplied to the court. In this you will highlight the fact that the lawyer gave wrong information about test and hence you can raise questions about the validity of the test. You can show in your support fax sent by lawyer, etc. As regards time for 28 days you can inform court that as it was not possible under the present circumstances to give a 28 days notice hence it should be considered in the interest of justice and non giving of 28 days notice should be treated as an irregularity. After this you can request the court that as the test may not be correct hence test should be conducted again in a fair manner. As regards paying of child support arrear, it is to be paid by the person. You can request court for necessary orders regarding child support payment. In this the court will consider the best interest of child as main consideration. You can take assistance from free legal aid organisations working in IL.
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