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Newest Member: 2ndtimernd (45746)

User Topic: Anyone appeal a judge's ruling?
Nature_Girl
♀ 32554
Member # 32554
Default  Posted: 7:04 PM, August 14th (Wednesday), 2013View ProfileEdit MessagePrivate MessageHomepage

Has anyone here appealed a judge's ruling during their divorce/custody trials? I am facing this situation now.


Me = BS (Stay-at-home-mom)
Him = EX-d out (abusive troglodyte NPD SA)
3 tween-aged kids
Together 20 years
D-Day: Memorial Weekend 2011
2013 - DIVORCED!
https://www.youtube.com/watch?v=wJgjyDFfJuU

Posts: 10026 | Registered: Jun 2011 | From: USA
peridot
♀ 18334
Member # 18334
Default  Posted: 7:11 PM, August 14th (Wednesday), 2013View ProfileEdit MessagePrivate MessageHomepage

What happened?


I think...therefore, I'm single.

It is what it is.


Posts: 4801 | Registered: Feb 2008
Fooled Me Twice
♀ 34824
Member # 34824
Default  Posted: 7:11 PM, August 14th (Wednesday), 2013View ProfileEdit MessagePrivate MessageHomepage

I'm not sure if it's the same, but I filed a motion for reconsideration. The disagreement was about how far back my support should go for the arrears, as my ex paid me $0 for over 6 months. That's the very brief version, but in the end I won and got more money.

ETA: This was from our pendent lite hearing. Not sure if that matters either. My attorney filed it - his had a chance to make his counter argument and then mine replied again and the judge made the ruling within about a week.

Hope that helps!

[This message edited by Fooled Me Twice at 7:13 PM, August 14th (Wednesday)]


ME: BS 33 (now 34)
HIM: WS 33 (now 35)
OW: 22, howorker (now 24)
July 2007: Porn found on computer along with profiles on dating websites.
DDay: January 16, 2012 - suspicious since Dec 2011
Divorced: June 11, 2013

Posts: 209 | Registered: Feb 2012 | From: Here and There
hurtbs
♀ 10866
Member # 10866
Default  Posted: 7:13 PM, August 14th (Wednesday), 2013View ProfileEdit MessagePrivate MessageHomepage

Personally I have not, but I used to work as a legal secretary and paralegal so I have seen it and worked those cases.

What's going on?


Me BW Him XSAWH
DDays 2006, and then numerous more
Divorced 2012

"In life, unlike chess, the game continues after checkmate." - Asimov
"Be patient and tough; someday this pain will be useful to you." - Ovid


Posts: 15325 | Registered: Jun 2006
Nature_Girl
♀ 32554
Member # 32554
Default  Posted: 7:18 PM, August 14th (Wednesday), 2013View ProfileEdit MessagePrivate MessageHomepage

We are still battling over money and children. The money I almost couldn't possibly care about anymore, other than I'm destitute and cannot see a path for me out of this hole of poverty thanks to the strange SS schedule the judge created.

The children issue is what has me distraught and triggering wildly this afternoon. I'm almost back to an "out of body" feeling and I don't like it. My attorney says I need to appeal the decision the judge made today. I think I'm going to. I think the judge has totally abused his discretion. I paid thousands upon thousands of dollars for a parenting eval which proves my STBX is a sick bastard, but the decision the judge made blows my mind as well as my attorney's mind.

I just want to cry.


Me = BS (Stay-at-home-mom)
Him = EX-d out (abusive troglodyte NPD SA)
3 tween-aged kids
Together 20 years
D-Day: Memorial Weekend 2011
2013 - DIVORCED!
https://www.youtube.com/watch?v=wJgjyDFfJuU

Posts: 10026 | Registered: Jun 2011 | From: USA
hurtbs
♀ 10866
Member # 10866
Default  Posted: 7:21 PM, August 14th (Wednesday), 2013View ProfileEdit MessagePrivate MessageHomepage

Big hugs

(((nature)))

That sounds so daunting and overwhelming. Listen to your attorney. Family court judge's have a lot of discretion and some of them do not exercise it will.

Hang in there.


Me BW Him XSAWH
DDays 2006, and then numerous more
Divorced 2012

"In life, unlike chess, the game continues after checkmate." - Asimov
"Be patient and tough; someday this pain will be useful to you." - Ovid


Posts: 15325 | Registered: Jun 2006
peridot
♀ 18334
Member # 18334
Default  Posted: 7:38 PM, August 14th (Wednesday), 2013View ProfileEdit MessagePrivate MessageHomepage

I would do whatever your attorney suggests.


I think...therefore, I'm single.

It is what it is.


Posts: 4801 | Registered: Feb 2008
homewrecked2011
♀ 34678
Member # 34678
Default  Posted: 7:44 PM, August 14th (Wednesday), 2013View ProfileEdit MessagePrivate MessageHomepage

Go for it.

Some judges are sick ass dumb asses.

I don't THINK it could be made any worse by appealing it, right?


Keep Calm and Happy On!

me BS 52
him - 46
married 15 years DIVORCED 10 31 12
children - ds15 ds12
d-day 12-19-11
I gave a 24hour ultimatum then went to attorney next day
Divorce filed


Posts: 2325 | Registered: Jan 2012
Nature_Girl
♀ 32554
Member # 32554
Default  Posted: 7:47 PM, August 14th (Wednesday), 2013View ProfileEdit MessagePrivate MessageHomepage

What's really upsetting is that all along the way STBX's lawyer has successfully battled to keep any mention of STBX's sexual perversions out of any court transcript, testimony, document, evidence, letters, everything. My lawyer has argued to include these things, but the judge has always agreed to keep these things out. Can't discuss them, won't hear testimony about them, cannot enter into evidence.

You guys, my husband is a sick, sick, sick pervert!!!!!!! And part of his perversion involves young girls!!!!!!!!!!

But every ruling the judge makes turns a blind eye to STBX's sexual perversion.

WTF???????????

How is it that STBX's dirtbag lawyer keeps being so successful at keeping STBX's perversion out of the divorce & custody issues??? FUCKIN-A, I'M DIVORCING HIM IN LARGE PART BECAUSE HE'S A FUCKING PERVERT AND MY CHILDREN ARE IN FUCKING DANGER!!!!!!!!!


Me = BS (Stay-at-home-mom)
Him = EX-d out (abusive troglodyte NPD SA)
3 tween-aged kids
Together 20 years
D-Day: Memorial Weekend 2011
2013 - DIVORCED!
https://www.youtube.com/watch?v=wJgjyDFfJuU

Posts: 10026 | Registered: Jun 2011 | From: USA
homewrecked2011
♀ 34678
Member # 34678
Default  Posted: 7:51 PM, August 14th (Wednesday), 2013View ProfileEdit MessagePrivate MessageHomepage

(((nature girl)))


Keep Calm and Happy On!

me BS 52
him - 46
married 15 years DIVORCED 10 31 12
children - ds15 ds12
d-day 12-19-11
I gave a 24hour ultimatum then went to attorney next day
Divorce filed


Posts: 2325 | Registered: Jan 2012
5454real
♂ 37455
Member # 37455
Default  Posted: 7:55 PM, August 14th (Wednesday), 2013View ProfileEdit MessagePrivate MessageHomepage

Absolutely appeal. You have several grounds from what you have stated, starting with the dismissal of the clear evidence.
Follow your lawyers advice.

Strength and prayers


BH 51, WW 42
DS 23(Mine),SD 21,SS 20(Hers),DS 9 Ours, DGS 3, DGD 1 mo
D=Day #1 5/04EA (Rugswept)
D-Day #2 3/10/12, TT til 3/13/12
Married 10yrs
I have no love for a friend who loves in words alone.
― Sophocles, Antigone

Posts: 3172 | Registered: Nov 2012 | From: midwest
Fooled Me Twice
♀ 34824
Member # 34824
Default  Posted: 8:15 PM, August 14th (Wednesday), 2013View ProfileEdit MessagePrivate MessageHomepage

(((hugs)))


ME: BS 33 (now 34)
HIM: WS 33 (now 35)
OW: 22, howorker (now 24)
July 2007: Porn found on computer along with profiles on dating websites.
DDay: January 16, 2012 - suspicious since Dec 2011
Divorced: June 11, 2013

Posts: 209 | Registered: Feb 2012 | From: Here and There
ItsNotUitsMe
♀ 21966
Member # 21966
Default  Posted: 8:16 PM, August 14th (Wednesday), 2013View ProfileEdit MessagePrivate MessageHomepage

I did and they overturned the judgement in my favor. It was strictly about money nothing as serious as your sitch. But I made the mistake of originally filing myself because my lawyer said it was a no Brainer and he didn't want to take my money to file paperwork I could do myself. I hired a different lawyer for the appeal and won. I would do it. Especially since you say no one is looking closely at the case and an appeal just might do it for you

Posts: 1048 | Registered: Dec 2008
CheaterMagnet
♀ 33581
Member # 33581
Default  Posted: 8:17 PM, August 14th (Wednesday), 2013View ProfileEdit MessagePrivate MessageHomepage

(((((NG))))))

I am so sorry! I've been following you for a long time and I just cannot believe what has been happening to you.

I have no advice, but I am sending you strength and peace.


If Happy Ever After did exist, I would still be holding you like this.
All those fairly tales are full of shit.
One more fucking love song I'll be sick. ~ Maroon 5

Posts: 1053 | Registered: Oct 2011 | From: Kailua-Kona, HI
tesla
♀ 34697
Member # 34697
Default  Posted: 8:48 PM, August 14th (Wednesday), 2013View ProfileEdit MessagePrivate MessageHomepage

If your lawyer is baffled by the decision, then that tells me an appeal is in order. I just can't fucking imagine all that weird shit that guy does not being taken into consideration.

((((NG))))


"Thou art the son and heir of a mongrel bitch." --King Lear

Posts: 4744 | Registered: Jan 2012 | From: Indiana
Must Survive
♀ 34533
Member # 34533
Default  Posted: 9:09 PM, August 14th (Wednesday), 2013View ProfileEdit MessagePrivate MessageHomepage

(((NG))), in my mind you have to appeal. YOU know what a pervert he is, you are trying to protect your kids. Appeal.


Me BS
WS: Just a squished bug on the window of my life!
Divorcing, STBXH is engaged/living with OW#3

They have a choice: they can live in my new world, or they can die in their old one." Daenerys Targaryen


Posts: 817 | Registered: Jan 2012 | From: Must Survive
LifeIsBroken
♀ 27071
Member # 27071
Default  Posted: 9:12 PM, August 14th (Wednesday), 2013View ProfileEdit MessagePrivate MessageHomepage

There is something seriously wrong with a judicial system that won't / doesn't want to hear all the facts when the welfare of children is in question. I also believe judges look at sitting on the bench as just another day at the office. They forget there are REAL PEOPLE involved and their decisions have a REAL impact for the people involved.

I feel badly for what's going on with you and yours. There must be a way to introduce the facts as they pertain to the pervert father. A good lawyer will care enough to find them.


BW: 59
XH: 60
Married 34 yrs, LIBerated: 2/17/11
MOW: 50 (she said she wanted a sugar daddy; xh said, "I'M HIM!")
Actions ALWAYS have consequences. Too bad cheaters don't consider the consequences BEFORE they create so much damage.

Posts: 528 | Registered: Jan 2010 | From: Missouri & Massachusetts
homewrecked2011
♀ 34678
Member # 34678
Default  Posted: 9:23 PM, August 14th (Wednesday), 2013View ProfileEdit MessagePrivate MessageHomepage

If you appeal, do you get to keep visitation the way it is for a while longer?


Keep Calm and Happy On!

me BS 52
him - 46
married 15 years DIVORCED 10 31 12
children - ds15 ds12
d-day 12-19-11
I gave a 24hour ultimatum then went to attorney next day
Divorce filed


Posts: 2325 | Registered: Jan 2012
tryingagain74
♀ 33698
Member # 33698
Default  Posted: 9:26 PM, August 14th (Wednesday), 2013View ProfileEdit MessagePrivate MessageHomepage

Ugh, N_G! I wish I lived near you and could help you out.

I'm so sorry about the decision and the additional stress of having to appeal. Clearly, you need to, but it's disgusting that the judge won't even consider your ex's behaviors.

Makes me wonder if it hits a little close to home with the judge... otherwise, how do you say that info isn't relevant when it comes to the safety of children?

(((N_G)))


BS (Me) 39
Happily liberated!
Two DS and One DD
It matters not how strait the gate,/How charged with punishments the scroll./I am the master of my fate:/I am the captain of my soul.--"Invictus," William Ernest Henley

Posts: 3644 | Registered: Oct 2011
stronger08
♂ 16953
Member # 16953
Default  Posted: 4:46 AM, August 15th (Thursday), 2013View ProfileEdit MessagePrivate MessageHomepage

I would contact child protection services and give them all the evidence you have of his perv behaviors. It certainly can only assist your appeal if you have a government agency that agrees with you. And if the judge does allow his to have any custody or visitation CPS certainly has the legal right to have it taken away. In my state family court is not involved in D matters. The surrogate court decides D proceedings and custody. If you feel there is a danger to your kids CPS is the way to go. Also something smells fishy with how his lawyer is able to keep such important information our of the record. Either this judge is dirty or incompetent. Bad news for you in either case.


You cant eat soup with chopsticks.

Posts: 5830 | Registered: Nov 2007
Topic Posts: 29
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