Wednesday, May 11, 2005

Demanding $40,000

With a hearing on Friday, I just got this evening a stack of legal papers in support of their demands. I really don't see how she can get away with presenting these papers a day and a half before the hearing. How can I possibly respond?

The gist is this:

My wife is a licensed lawyer who refuses to get a paying job.

She wants $40,000 to pay for her motion for sole legal custody of the kids, and undetermined future amounts for further litigation.

She is unhappy with taking my entire income, and wants more. She even wants day care and babysitting expenses for when she has the kids and refuses to let me see them.

I am paying her apartment rent of $1800 per month, even though she is living elsewhere with her boyfriend. (She lied to the court and said that she didn't even have a boyfriend.)

Until now, her lawyer has not cited a single statute or case in support of her legal actions. Now she has cited one:
Family Code Section 2030 states: (a) In a proceeding for dissolution of marriage, nullity of marriage or legal separation of the parties, and in any proceeding subsequent to entry of a related judgment, the court shall ensure that each party has access to legal representation to preserve each party's right ...
I'll have to check the case law, but it seems to me that if she is a lawyer herself, then she has access to legal representation. And if she brings a losing motion, then that is not preserving her rights.

No comments: