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  #21  
Old 09-10-2009, 05:20 PM
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Join Date: Jun 2009
Location: Colorado
Posts: 105
You are not a failure, behaving so will make it happen. Sit down and write a letter to your attorney explaining everything that is going on with you, include in the letter what you bring home, the fact that you are supporting the child, what your expenses are, and any other circumstances he needs to know. He's not a mind reader, you need to let him know everything, including your medical conditions and what those are costing you each month. He can't defend you or help you get support if he can't prove you are entitled to aid from the husband. You also have to be a good candidate to support the child and provide a stable home environment for the child. Your attorney is your best shot, don't give up because things didn't go the way you wanted the first hearing. Sometimes it takes time to get things in order, your attorney is there to help you, but he can't do it alone, he needs you to provide all the paperwork and evidence he needs to go forward. A lot of people don't understand what is involved in representing you to the court and prevailing. If you can't provide documentation to support your claims you might as well stay home and give up. So roll up your sleeves and get to work, don't place the entire burden of proving your claim on the attorney. That's simply unrealistic and unfair and potentially dangerous for you.
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  #22  
Old 09-10-2009, 06:02 PM
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I am sick and tired of everyone saying that I am the one at fault. I have the papers and had them when I went to the first appointment, the attorney didn’t want them and didn’t even look at them. He knows about the co guardianship of our grandson, again he didn’t want to see the paper. He knows about the stroke and when my spouse left. I have told him everything and have provided everything and more. I even recorded the phone messages my spouse leaves on my cell phone. He also knows I am being evicted and have had my power shut off because I could not pay it. I keep him informed .
I typed out the phone messages.
I provided proof of income for myself and my spouse, Including the tax returns for the past 2 years.
As to my medical condition that doesn’t seem to matter either.
I cannot afford to go to doctor nor pay for medication.
I revamped my earlier post as I was extremely angry and frustrated. But then again that’s just my own fault

Forgot to add this wasnt the 1st (08-27-09)and it wasnt a hearing the 1st they filed continuance this was 2nd (09-10-09)and again filed continuance(10-08-09).And as I stated that is only for me to pay my husband nothing is being present for me to get anything. In the meantime I have to lose work as I want to be there and nothing is being accomplished. Will the next one be decided or another continuance

Last edited by Jacky : 09-10-2009 at 06:12 PM.
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  #23  
Old 09-10-2009, 06:41 PM
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You also have to be a good candidate to support the child and provide a stable home environment for the child.

In response to this comment that is what I am trying to do. I am the one that cares for him provides his support home clean clothes etc.
But My husband is co guardian
are you saying that because he makes good money and his girlfriend makes good money that they have more rights to our grandchild than I do?
Is it because this woman with my husbands agreement broke up my marrieage and now wants to raise our grandchild and can afford to provide more that I can that they have more rights?
People ask me what my biggest fear is and that is losing my grandson
and by that I do not mean custody.
If my husband takes him I will never see him again.
If his parents wise up and finall yregain him I have been told I will never be permitted to see him again.
That is my biggest fear not losing custody but losing him.
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  #24  
Old 09-12-2009, 08:32 AM
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Guess it all goes by the adage “You get what you pay for”
I paid what I could and have no funds to pay more.
What I paid ($400.00) covered the filing fee (275.) and the serving fee (100.)
So it is filed and he got served. I should not expect more as that is what I paid for.
Do not know why I keep posting as I do not know how much longer I will even have access to read any responses.
I work from home so next time I lose power I cannot even work. Plus 2 months without rent money who knows how much longer I can stay here.
Being told when I ask If my husband shows up wanting to take grandson that there is nothing I can do.
Being told that if he wants to take the truck that is my sole transportation that there is nothing I can do.
I filed as I cannot live like this and needed to take control of m life. Exactly who is in control here? He is still.
Asking what can I do as I cannot pay rent or anything and getting no answers.
I had a stroke and cannot seem to find more employment. I tried SS but beings I continued to work I do not qualify.
But why should I vent or complain or try to see if this is how it should be as I got what I paid for.
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  #25  
Old 09-30-2009, 02:14 PM
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I passed the GED just waiting for the contitution exam results to ge tthe certificate

STBX filed an injunction against me and yes the typos below are on this document

"PETITION FOR TEMPORARY NJUNCTION AND OTHER RELIEF


1. That a Petition for Dissolution of Marriage has been filed by Petitioner in the above-entitled matter.
2.That the petitioner , in order to hinder and destroy the Respondents rights, has on many occasions threatened to sell, give, convey, conceal or otherwise dispose of their property and assets and incur dept in order to interfere with Respondent and make it impossible for him to obtain support for himself, and Respondent, bases upon Petitioner's conduct as herein set forth, believes she will carry such threats to execution and Respondent will destroy, transfer, encumber, sell or otherwise dispose of and conceal property and assets of the Respondents and the parties and Respondent would thereby be duly prejudiced unless the Petitioner were enjoined and restrained from disposing of assets or any other and doing so by the Injunction of this Court, temporarily, without notice and without bond, specifically, Respondents check from Defense Finance in the amount of ____ that was direct deposited and immediately withdrawn by the Petitioner.
3. The Respondent further alleges that he has insufficient funds with which to pay for any bond or surety thereon, and she, therefore, requests that no bond or surety be required on said Temporary Injunction and that said Injunction issue without notice.
4. That the Respondent has need to retain counsel in the instant proceedings and is unable to pay said attorney, but that Petitioner is able to make such payment.
WHEREFORE , Respondent prays that a Writ of Injunction issue out of this Court, without notice and without bond, enjoining and restraining the Petitioner from borrowing money, destroying,selling, assigning, transferring, mortgaging, pledging, conveying or in any manner disposing or attempting to dispose of property and assets and incurring debt that each or both parties have any interest in whatsoever without permission of t he Court.
A. Respondent further request that the Petitioner be ordered to pay Respondent's attorney fees incurred by him as a result of the foregoing cause of action."

I do not know where is mind is he neither has answered my calls nor email but if it makes him feel like more of a man to lie that is up to him. I have never threatened anything I still have all his belongings that he told me to throw away
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  #26  
Old 09-30-2009, 03:02 PM
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Location: Colorado
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Another Option

Who wrote this injunction? The attorney? it doesn't make sense to me. Are you the Plaintiff or the Respondent? Here's another option, sometimes the local universities have law students who can help assist with some of the legal work if the attorney will allow assistance to keep costs down. It's a win win situation for everyone, you get the student's help, he gets the student's help and the billable costs stay down. It's worth a try to ask the law school if they have students who will volunteer their time to help with the case. There might even be a law professor there who will consider using the case as a project while helping you at the same time. Law professors might have the ability to practice in your state. Anyway, back to this document, it appears to be very poorly written. You can tell him that too.
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  #27  
Old 09-30-2009, 03:27 PM
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it was from his attorney to mine. I am the petitioner he is the respondent

the check they are referring to is a check deposited into the joint account that i took to get all my bills and rent and utilities paid as he has witheld support for several months.

Last edited by Jacky : 09-30-2009 at 03:30 PM.
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  #28  
Old 09-30-2009, 06:07 PM
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Location: Colorado
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Good for you

Well, good for you Jackie for taking a stand and using "joint" money to continue to support yourself and the grandchild. Your ex just assumed you would not do anything to help yourself, I say the stronger you are the better you are. Knowledge is power, so tap into all you are and get strong and smart. Whoever wrote this injunction is very unskilled at writing legal pleadings. I got tired just trying to read it, can you imagine a judge having to wade through this? I hope your attorney's response is better. Good luck to you. Keep us posted on developments.
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  #29  
Old 09-30-2009, 06:11 PM
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we have court the 8th if they dont continue it again. I wrote myself a 12 page letter about what has been going on I gave my lawyere a copy but dont know if he will read it or such I have no one to read it over for me so I hope that he includes it with the papers
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  #30  
Old 09-30-2009, 06:14 PM
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Location: Colorado
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another thing

Also, make sure your attorney opposes this injunction requiring you to have the court's permission to borrow money. I can understand an injunction for an emergency situation that freezes spending on joint credit cards and joint accounts, which is exactly why you should open a new bank account immediately that he can't access. And of course you wouldn't run up any other debt with his name on it, but lots of times that is what the other party does because they are afraid of someone running up debt in their name. I would not run up a single debt in anyone's name but yours, and only if you can afford it, which you can't. Just keep track of your spending and make sure your attorney has exact figures for your monthly expenses for you and the grandchild, he needs to be able to present these figures to the court to get you support.
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