why is it allowed for a divorce to be modified without the other knowing about it?

Question

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

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.

To Spaznski, To clarify i have lived at the same address since the divorce 6 years ago, same address and same phone number thru it all. my ex has been to my home several times and numerous calls. I used to get my daughter alot but then when i was to get her she would call and say she was sick or they were going somewhere, etc... I tried to get the prosecuting attorney to do something but he wont because he acted as her divorce attorney, visitation stopped except one or twice a year even tho i am allowed her 2 weekends a month

Answer 1

Did you move between the time you filed for divorce and now? If so, and you didn't change your address with the courts, technically, her attorney had every right to claim they don't know where you are, and have the proof to back it up by showing they mailed something to your old address and it was returned. Legally, and I know this doesn't seem fair, but it isn't perjury if you moved...if you haven't moved since the divorce, then yes, you have a case where you can appeal the order.

My problem with you "problem" is if you have a child, why are you not getting visitation, or were you not using it, making her feel that you had no interest in a relationship with the child, hense making her feel sole custody was necessary. If you were exercising your visitation,then she, and her attorney, couldn't have possibly used the argument they couldn't find you.

I don't feel you are telling the whole story here. In any event, go to the VA, they can help you with legal problems.

Answer 2

If you can't afford an attorney, then contact your state's bar association, and see if they can advise you on how to get a free one. Some will do "Pro Bono work."You will have to prove that she had your current address, in order to attempt to nullify what happened in court. You might file through your attorney for a modification, of the current court order. By law you have to be notified of the proceedings, and they have to prove that an attempt was made. If her attorney is also the prosecutor, than a good case may be made, of "conflict of interest" on his part, which could open him up to a civil law suit, or sanctions from the state bar association.

Answer 3

Try to make some press about this. Journalists and reporters eat stories like this up. If you call a local news network or newspaper and try to tell them your story, sometimes they will publish your claims and get you some press. If enough attention is brought to your case then it might force an investigation into the case, the county, and the county prosecuting attorney.

Answer 4

You need to contact the courts where she lives and let them know this . Because if her attorney knows that she is aware of where you live and he lied for her he can also get into trouble. I know it leagal thou to be able to post a hearing in the newspaper any where you want as long as it's done. But for her to lie and say she has no idea wher you live big mistake and no no on her part and her attorneys. I wish you luck .. I hope you get to get some sort of custody if not full custody of your children,

Answer 5

I agree that you need to get some evidence going, such as, phone records, etc. Also, you really need to contact your State Attny General, whom prosecutes for such actions by Prosecuting Attns, such as DA's etc. Also, I agree you should get your evidence together and write about this as an editorial in HER paper, including about the Prosecuting Att. and why he didn't have you served, and what Judge ordered this w/o you being served??? BUT, make sure you have good evidence, or then you are liable for slander. If you do, that really should get them all stirred up! Call the Clerk of Court to get proof of them serving you in writing. You didn't get served, however if you had then they would have the proof.

Answer 6

If she went to the county over then you go and get the county attorney that you live in. No matter what they should have attempted to serve you with court papers.

Answer 7

contact the bar and any state official you can get a hold of. pull out the phone bill and highlight when she called, place a security camera that would record when she comes to the house. get yourself a good lawyer and file for an appeal.

as far as her pulling the court case she should have sent by mail a certified letter stating what she is doing and when the court date will be.

Answer 8

contact your local vets office and ask them where to go ---- u may need to file a suit against the prosecuting atty and the county where they live you have to prove that u haven't moved and u also might contact the states prosecuting atty office ----- first get the vets organization on your side