I just got out of court. The bottom line is that my ex-wife asked for $114,147.78 in past and future attorney fees. (She is a lawyer herself, and is not currently represented by another attorney.) Commissioner Irwin Joseph ordered me to pay $15,000 in 3 installments, starting July 1.
The good part was that he refused to order fees that had been denied before by another judge. He also called the $50,000 request for appellate fees ridiculous.
He swore us both in. I testified that my ex-wife's lawyer, Miss Jennifer J. Gray, lied in declaration on the most pertinent points, and I demanded an opportunity to cross-examine her under oath. Miss Gray was in the courtroom, but Comm. Joseph denied my request without any explanation.
Comm. Joseph said that Miss Gray had only $14,000 in bills since the last attorney fee order, and he was ordering me to pay $10,000 of it. He gave no other explanation except to say that I had deeper pockets. In particular, he didn't say anything about my ex-wife's alleged justifications, such as me maintaining this blog. He ordered me to pay $5,000 for her appeal.
Comm. Joseph scheduled our next status hearing for Oct. 16. I am not sure what is left to argue about, but the AngryMom may think of something.
Then my ex-wife complained about her seeing the kids last Sunday for Mothers Day may not have been covered by a custody order. The judge spent a couple of minutes fumbled thru the court file. I said that it is not clear what she wants the court to do, since Mothers day is past, she got what she wanted, and there is no pending dispute. Then she complained that there might possibly be a dispute about the summer schedule. I agreed to stipulate to the summer schedule that we already agreed to out of court. I guess that she'll send it to the judge for his signature.
I really don't see any legal justification for Comm. Joseph's refusal to let me cross-examine Miss Jennifer Gray. Her declaration is just hearsay without her testimony. He was apparently just protecting her from embarrassment or perjury accusations. Or he just wanted her to get paid, regardless of the merits. At any rate, it stinks.
2 comments:
hey there, i was just looking online for some answers myself about child support as well as visitation. well, my husband is going thru alot with his 9 yr old daughters mother. he got a summons today to modify a support order from back in 1997...this is the first modifaction. she is stating that the little girl is going to a private school and wants my husband to pay in part. she is also married and has been for some time. at this time there is also another proceeding going on with the mom.....because she isnt even letting my husband see his daughter in one year. so my husband took her to court. now yesterday he gets a summons for support. he has paid all of his arrears, he had a realationship with his daughter over the years then out of vindictivness...her mother just stopped them. she is saying that the little girl has anxiety due to her father, when in fact last year they were going out to amusment parks, he had her on weekends...and such. the mom is saying that she is taking the little girl to counseling....she just began doing that when my husband asked that the court change the location of the hourly visits...in which are in the moms home. he is asking this due to the fact of the mom and her husband eavsdropping, and the mom arguing with him and such. i can understand your frusteration. my husband right now is the sole provider for this family. he hasnt forgotten his daughter..he loves her very much. is he going to have to pay her private schooling if in fact the mom has been married...she has 2 incomes in that house hold, while we only have one. any help would be great. ty
hey its me again i just reread that and want to correct some of it, my husband hasnt seen his daughter since last summer due to the mom just alienating him. now he gets one hr per week. also he got the summons for support yesterday, why would the mom wait almost 10 yrs to modify an order...when she can do so every two yrs. iam just baffled at the scrutiny my husband is getting, as far as the one hr visit and his daughter now clams up when mom comes around...but when they are alone at the visit..everything is fine. she can ask for money, and want him to pay for the daughters private schooling.....but she doesnt want him to have any other kind of part in her life. it is just ridiculous.....
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