Legal Question in Family Law in Florida
I have been going through a very contested divorce for 1 year 8 months now. Not much seems to be transpiring/moving along except for the fact that I am/have been paying child support (since day 1) and my 16 yr old son chooses to live with his alcoholic, drug-abusing father. My spouse makes more than 10X what I make! He would not supply ANY financial information, because he lied (ie:perjured himself) on his Financial Affidavit. He said he makes less than I make. My attorney had to subpoena bank records-which took almost 9 mo's to request and receive! He (finally) turned in his Interrogatories--only about 10% completed--and the courts accepted this-?? I am struggling each month to pay child support, when this man has LIED continually and I should be receiving alimony. NOONE seems to care or be doing anything about anything! This is purposely being dragged on and on! The Judge and his attorney (who used to be a judge himself!) are friends and she shows definite favortism towards my spouse. (My attorney even stated this to me and my family!) My attorney is now awaiting an Order that the Judge signed whereas he has 30 days to produce 3 years of personal and business finance records (so alimony can be calculated, and hopefully retroactively!). The one year of bank records we subpoened proved he made over $400K last year (while I make $29K!), but his attorney somehow convinced the judge that he, being self employed, has many deductions and these figures are not his 'true' salary--therefore, now awaiting to see IF he supplies 3 years of personal and business records that WILL prove he uses his company to pay ALL his personal expenses (including $4K per month to 1st & 2nd mortgages), all household expenses, personal vacations, etc....My attorney stating that we will probably need to hire a Forensic Accountant to prove this to the Judge/court system. My spouse has a very 'shady' attorney (used to be a judge) and knows ALL the in's and out's of the system..which he is definately using to his advantage...and my disadvantage. (His attorney resigned before being 'kicked off the bench' and had 7 indictments against him! A true winner here!)
WHAT else can I do?? I'm not sure if my attorney is working in my best interest. I have asked numerous times to allow an appraisal on our house. My spouse got one and it is extremely 'low balled' (per an agent who sold houses in that same area); she was declined access to the house by my spouse. Nothing has been done about it. Trial has been set for end of February 2010.
I even spoke to my attorney about going to the D.A. regarding his perjury. He told me to 'pick my battles' and that they probably wouldn't do anything anyway!
I feel I am at a loss here.....but I am NOT giving up! I am due 1/2 of our 22 year marriage; I am due alimony; I am due property still in OUR home that he will not allow me access to. (only gave me my clothes)
Can you suggest anything else I can OR should do? Or what my attorney should be doing?!
Thank you!
LJ
2 Answers from Attorneys
My suggestion is to seek a second opinion from an experienced family law attorney who does not know your attorney. The Bar Association can help you.
I agree. Sounds like your lawyer is handling things, but go and get another opinion just to check.