How To Protect Yourself In Divorce Court
I recently met a woman who has been divorced for about the same amount of time I have-about 2 years. She was telling me a story about how she recently took her ex-husband back to court to increase his child support obligation for their four children.
What she told me next was shocking and disturbing.Even though her ex was making more money than when their divorce was finalized,his support was actually LOWERED by the judge! She is now expected to support four kids on only $203 dollars a week.
How did this happen? Well, first of all,she filed a motion on her own ,without a lawyer's help,to modify the support order. That is fine, and you can do that, but you must first prepare and gather your evidence before bringing your spouse to court. Although her ex was ordered to show proof of his income, he never supplied the court with his tax returns and the judge recalculated the child support based on his income from 2 years ago.
Was this fair? No. But the family court system rarely is.Since the judge reviewed her case without requiring her and her ex to be present, he probably spent about 5 minutes glancing over the paperwork and made a decision based on misinformation that is financially hurting the children.
Whether you are thinking about divorce, in the middle of a divorce battle right now or already divorced, you need to realize that the family court system cannot be trusted to protect your rights in your divorce.
You must be proactive. Do not assume the judge will do the "right thing".The system just does not work that way. It is overcrowded and filled with some money hungry divorce lawyers ready to pounce and take every penny they can from both you and your spouse.
Now I am not saying that all divorce lawyers are unethical or that all Family Court Judges do not care,but my divorce cost me $40,000 and a year and half stuck in the family court system.
Protect yourself and your finances. Don't go to court unprepared or rely completely on your divorce attorney. Gather your own evidence to bring into court. Make sure to have copies of all important documents and proof of all assets owned.
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