Legal Question in Family Law in Virginia
Responsible mom loses to irresponsible father
I scaped the money together to hire attorneys, but they were negligent and unethical. The final divorce decree is denying me any custody rights, only giving me 35% equity in home and marital pension share, $0 value for all the contents in the home, and over 80% of the marital debt incurred to support the household and children expenses, and zero tax benefit. With an increased child support including orthodontists and summer camp for a 12 yr old daughter, I can't afford to live in a small two bedroom apt and live at ''thrift'' shop level. Father caused bankruptcy in 1997 and bad credit. If I can't afford an appeal to this unjust ruling, I set myself up to have to pay child support from the settlement, leaving me with a slim to no chance to economically recover since the IRS considers me single, with no home interest or dependents. My son is 14 and my daughter is 12. The father will get to use the extra income to buy luxuries. What recourses do I have? I plan on filing grievances with the VA Bar against the 2 attorneys, but will I be able to help my case or only warn others? Can appealng pro se cause additional damage? It should not be legal for a spouse to ''steal'' and keep the children and house away during the proceedings. Any Help?
2 Answers from Attorneys
Re: Responsible mom loses to irresponsible father
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You should first contact your previous lawyers to discuss the Final Decree. You have a right to appeal, but that would require an appeal to the Court of Appeals in VA and must rely upon errors of law. You may be able to file a Motion to Rehear.
It does not sound as if your received nothing, and you have not clearly listed the other provisions of the Decree.
Your specific question was regarding child support, and a party is permitted to file a motion to amend the award. Child support is based upon each parent's income and expenditures and allows for certain deductions.
Child custody can also be modified by filing a motion to amend, and you can seek custody of your children.
The Final Decree does not mean the decision is final forever.
Re: Responsible mom loses to irresponsible father
to be brutally honest anytime I hear someone badmouth thier previous attorneys, i run the other direction from them. these people are generally difficult to please and are more trouble than they are worth. no attorney needs a fee if it is going to equate into a bar complaint. before complaining against the two attorneys, you should inform them of your unhappiness.
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