Legal Question in Family Law in Missouri
My brother John got divorced last year. They were married 23 years. They both worked full time. Live in St. Charles Mo. He works in Secuirt and she works at a large law firm in St. Louis. Who by the way took on her divorce, all 6 lawyers, at no pay.
A month after he served her with divorce papers,
she collapsed from a brain tumor.
The divorce was put on hold by my brother.
He waited till
her doctor told her nine month later she was well enough to go to court. My brothers lawyer was retiring. My brother would be his last case. He quoted Mo. Law stats that were not true. He told my brother to give her what ever she wanted and be glad he had something left. Even at the trial. He told my brother that they would give Joe and Jan joint decision making about visitations .When in fact his lawyer gave her all the power. He told him Mo required he pay his children's collage and that they use Mizzou tuition as a boundary. That's not what he had for my brother to sign. My brother Joe found out he is obligated to pay for any collage his children decide to go.
Does he have any recourse against his lawyer?
His ex Jan got everything she asked for and rubs it in my brothers face. She's now returned to working 40 work weeks. She has her own insurance now. When Joe asked for the 500+ for insurance back since she has her own, she told him no. It's her money to do with as she wished.
Even at the trial in St. Charles, the judge never looked at my brother once and typed the whole time his lawyer and Joe were talking to her. But once Jan got up to talk, she cried the whole time. The female judge stopped what she was doing and tried to comfort her.
Joe divorced her because they had not been having relations for well over 5 years. She refused. She be Laughed and made fun of him him to anyone who would listen. He had enough. Our sister had just pasted and she was in an unhappy marriage but stayed and died.
Joe has since found someone to build a life with and has no idea how he can afford to marry her if he can't afford to feed himself.
Everything and everyone ganged up on my sweet brother who is always truthful and is selfless to a fault. He is so depressed and sickened by how his ex-wife treated him, while in turn was actually worried about her.
Does Joe have any legal ability to sue his lawyer or get the whole thing dismissed?
Jan has returned back to work 40 hrs but her boss says publicly she doesn't.
she's not using the $500.00 plus for her medical insurance. Her employer provides insurance for her
my brother has no money to live off of he is destitute His lawyer gave him bad advice and incorrect information that has caused my brother
To live in a worn one room apt. And lives off less than a migrant workers pay. My brother trusted his lawyer it cost him everything.
He's take home pay is almost the same as hers. But not now.
Can he take her back to court to re- negotiate the divorce settlement?
He's worried her boss will purger himself on the stand and say she doesn't work 40 hrs a week. But her pay shows something else. What advice do you have to give my brother?
1 Answer from Attorneys
You are a good brother to be concerned about him. This does not sound like the typical remorseful divorcee situation. Unfortunately, you were not able to provide enough information here to estimate his likelihood of successfully getting the Support Order modified. I am also sorry to report that it sounds like he may have a possible malpractice claim against his former attorney.
I suggest that your brother consult directly with a civil practice attorney in his area. One that handles both family law and professional malpractice cases would be preferable, but he might want to consult with one as to each case. Many civil attorneys offer a free or low cost initial consultation. Have your brother gather his documents and contact some attorneys in his area. It seems very unusual that a lawyer would perjure himself as to the employment of a client. Lawyers get disbarred for less than that.
The factors that support a Modification of an Order change over time. But, a malpractice claim has a short time in which it can be brought. Therefore, suggest that your brother get that claim evaluated by an attorney, that has access to the facts you could not provide here, as soon as he can.
Good luck
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