My ex-wife used the county prosecuting attorney as her divorce attorney. She has not to date complied with any of the judges orders and the prosecuting attorney will do nothing to her. To add insult to injury i was on Missouri's case.net looking at a case when i seen my name and a order for modification granted to her. She filed for sole custody and supervised visitation and it was granted even tho i have never done anything wrong. What she and her attorney did was file saying they did not know where i was even tho she has been to my house several times and also knows my phone number. They posted the hearing in her local paper in the next county over about the hearing. I do not live in that county or get its paper. She committed perjury by saying she did not where i was but again he will not prosecute her for perjury because he is her attorney also and her decree was granted. Is there any thing i can do. I am a disabled vet and live on a fixed income and cannot afford an attorney. HELP
2007-10-31 13:32:49 · 5 answers · asked by inmissouri2003 2 in Politics & Government ➔ Law & Ethics
Just an added detail she gets $620 a month child support for our 1 girl from me. She told the judge she was worried because she just won a $300,000 lawsuit and said i might steal my own daughter and hold her for ransom to get some of that money. If this wasn't happening to me i would think it was a joke.
2007-10-31 13:43:08 · update #1
You need to contact the court, and file a petition asking for another modification, based on why you should have joint custody (if thats what you want.) As a part of that, file a sworn declaration about the fact that she knows where you live, and that the previous hearing was held without notice to you -- and that she had to lie to get the ability to do that.
But note that the court's decision about custody shouldn;t be based on whether she lied or not, or what the previous agreement was, but instead on what is best for the child given the current circumstances.
2007-10-31 13:44:10 · answer #1 · answered by C_Bar 7 · 0⤊ 0⤋
You need to file a Motion to modify the order based on fraud. Ask the court clerk for the court's motion forms. Also, some courts post them on the internet. Also, ask the clerk how much it costs to file a motion. Write in your motion everything you explained here. Borrow money for an attorney if that doesn't work out. Also, you can call your county bar and/or law school in your area and ask for help. Explain your circumstances. There may be veterans assistance also which can provide counsel.
2007-10-31 21:53:37 · answer #2 · answered by Sebamoop 2 · 0⤊ 0⤋
I agree with all the previous answers. In addition, I would see into having her lawyer dis-barred.
2007-10-31 23:20:44 · answer #3 · answered by Anonymous · 0⤊ 0⤋
If you were not served and she knew where you lived, you may be able to get a rehearing. If you do, will you be able to win considering your health and financial condition?
2007-10-31 20:41:04 · answer #4 · answered by Bibs 7 · 0⤊ 0⤋
sounds like you need to get another attorney
2007-10-31 20:42:13 · answer #5 · answered by just me 5 · 0⤊ 0⤋