Legal Question in Family Law in Indiana

judgment

I have an associate with whom I have done business for the last 15 years. I also knew his wife. I was shocked by the outcome of their recent divorce. The court grossly overvalued the real estate, did not deduct many of the debts and considered none of the expwnses slapping him with an ''equaliztion cash payment of $463,000 bearing 8% that strips him of all equity. They gave him all the property, after they ovrinflated the value and all the debt givning her a free and clear cash award that most of us could live on the interest alone. For him to sell ALL of the property, by the time he pays mortgages, he will never get the judgment paid. His net income after all expenses is $2,000. The court said it was a 50/50 split, but what they did with the numbers before the sit is unbelievable giving her more than 100% and he will be paying her forever. $80,000 of her award was from math mistakes made by the judge in the three page judment. His attorney left no way out on appeal by not presenting evidence and often beniffitting the wifes side in his statements. The amount of the mortgage debt, plus the judgment pushes him into a Ch 13 in bankruptcy and new laws in 05 prevents any discharge from the debt. What can he do?


Asked on 8/20/08, 4:16 pm

1 Answer from Attorneys

Re: judgment

A Motion to Set Aside is a possibility. However, an attorney would have to review the case in detail to determine whether a Motion to Set Aside is feasible. There is also the possibility of a malpractice lawsuit against the attorney as at a minimum, assuming that your representation is correct, the attorney should have caught the math mistakes and filed a Motion to Correct Errors. A failure to present evidence is a bit more complex as there may have been a tactical reason for choosing not to present certain evidence. That is why your friend needs to consult an attorney in person. He can expect to be charged a retainer as the amount of work invoved in reviewing a case that has gone to trial is substantial. Good luck to him.

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Answered on 8/20/08, 4:32 pm


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