ElleMD

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ElleMD last won the day on October 30

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About ElleMD

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  1. I'll take a stab at this. You have one lawyer, we'll call X. Partway through whatever legal issue you had, X ceased to be your lawyer and you then hired lawyer Y. Now your case has settled and your agreement with the lawyers was that they would get paid when you do. You have now been paid via settlement and X wants paid for the work they did on the case. Is that true?
  2. This is not message board territory. This is call several competent attorneys and see what they have to say territory.
  3. We would have no way of predicting what might happen at some unknown future date, at any particular airport. I suggest before booking your travel, you visit the embassy or consulate to make certain that all your documentation is in order.
  4. Sounds like you are being fired for not responding to emails and performing. Blaming non-performance on a year of email issues is kind of a non-starter. If true, it might be unfair, but it isn't illegal. It still means clients are not getting your messages and not receiving the attention they need. I'm not a tech guru but I can't imagine that laptop is the sole issue. If it is, use a different computer. As for your absences, how long were you out in total in the past year? Did you ever apply for FMLA? Is your son incapable of self-care? Autism alone doesn't tell us much. There are those who are autistic and you'd never know it, and those who require 24/7 care.
  5. They don't have to write you up for being difficult to get along with. The revolving door of partners pretty much makes that case. Telling you that you need a new personality is counterproductive. If you were 50 when hired, and are now 51/52, the odds are any other employee they get to take your assignments is going to be younger. The labor force has a lot more employees under 52 than over. If your immediate response to an allegation of placing your hands around the waist of someone is to claim a foggy memory and minimize what was alleged by claiming your actions might have been misinterpreted, red flags go up. A normal not guilty person would assert there is no way that could have happened as it is not something you have ever done. File for unemployment and start seeking another job.
  6. If you are talking litigation, no one should do anything without the advice and knowledge of the attorney handling the case. Period. There can be very good reasons for holding back information and the "lone wolf" who is not acting under the direction of the attorney, simply does not have all the facts they need to take action.
  7. Your step daughter is free to use transit services, have a friend drop off and pick her up, park a 20 minute walk away, or ride a bike/skateboard/roller skates. It might not seem fair that managers get free parking and employees do not, but if that is one benefit of being in management, so be it. Managers frequently get benefits not available to all.
  8. Ditto. Especially if it is for something that should be obvious to any business owner and has been ignored for months.
  9. When the other woman adopted the children, she became the legal mother and had full say over who the children spend time with. Parental rights are not terminated easily, nor quickly, even in the most straightforward of circumstances and this is far from that. It is unclear what you or your son did to oppose the adoption or termination of rights, but it is too late now. If the now legal mother wants to allow her daughter time with the children, she may, just as any other parent may. If the children are truly being abused, contact CPS. You no longer have any legal relationship to these children, so you have no standing to request visitation or custody.
  10. So a child you have never met knocks on your door and asks the son she wouldn't know you have to drive her town? And you let this child stay at your home? Why would you not call said child's parents immediately, or CPS/police if the child was in danger? In any event, this is a situation where you really need a family law attorney to guide you.
  11. As you refuse to provide your state, it is impossible to provide any specifics. The details you add don't change the facts. You can't force the judge to allow you access to a credit card. You also can't force the judge to order any particular penalty for having violated an order.
  12. There still isn't a question here. At one time you had access to a credit card, and now the court has determined you no longer should. That is totally legal. It is pure speculation that particular judge might have been swayed to order otherwise had you presented some other sort of evidence or argued your case differently (provided receipts to show you bought food only, presented the check from the life insurance, etc.).
  13. Of course all parties are subject to abide by court orders. I never said otherwise. It is however, up to the court to determine what if any penalty there might be for violating any given order. You used the card for something which your ex and the court agreed was outside the intended scope of use and your access was revoked as a result. You had your chance to present your side. You either did not do so effectively or the court did not see it the way you do. It happens. Anything that was owner prior to the marriage remains separate property. Depending upon your state, certain inherited items might also be exempt from being considered marital assets. It gets more complicated when marital funds are used to enhance the inheritance, but how you managed your finances while you were a married couple does not mean a thing in a divorce. It does not matter who had their name on a checking account and who wrote a check. If those funds were earned during the marriage and paid for an expense incurred during the marriage, it makes no difference. The court really doesn't care if you wrote the checks to the mortgage company from money earned from your salary any more than they care that your husband wrote the checks to the electric company from a checking account with his name. You are welcome to negotiate any voluntary division of property you like, but if the court steps in, certain rules apply. "My husband makes upwards of $250,000 a year and I waited on him hand and foot and put up with his abuse for nearly 4 decades AND paid the mortgage on our home. I deserve maintenance, " Legally speaking, that just isn't the case. Your gender has nothing to do with it as the law works the same either way. You don't mention your state but by and large, states are moving away from alimony. Once upon a time when it was far less common for one spouse to have a career that generated income, alimony was necessary. As more and more couples are dual income, that isn't the case. The goal isn't to guarantee you a certain lifestyle post-divorce (when there are young children this changes somewhat but I'm going to assume at 65 you don't have young children). Even when alimony or maintenance is ordered, it is typically for a short period of time with the goal of allowing the recipient time to become fully self-supporting. Credit cards are debts and at some point, the debts have to be divided between you, just like the assets. If the balance keeps climbing, it because logistically impossible to determine an equitable division. For this reason putting something on a card is not the same as paying it out of a joint account.
  14. Nothing you posted changes a thing. You can explain you got bad legal device but you are going to have an extremely difficult time arguing that you should have access to his credit card, especially if you are working. What your ex spends money on is immaterial. That you don't travel because your cheating ex didn't want you to (which makes no sense if you are divorcing him) and it impacted your income is also immaterial. You work. It is your business so you are the one in control of how you operate it. It sucks that your marriage was bad but divorce isn't about settling a score or "making up" for one spouse behaving badly. It is to sever the marital relationship so you both can move on and live separate lives. The mortgage was paid with marital funds so you don't get credit for that. Was it yours prior to the marriage? You are entitled to some equitable distribution of the marital assets. You don't mention your state and it can make a difference. If you are working and have your own business it is unusual that you would get any temporary maintenance. It is even more rare that you would have use of a credit card that was not your own. If you run your own business, I would suggest getting one in your own name. I have no idea why you think lying is going to help you but I assure you that it will not.
  15. I'm not sure how you call legal expenses maintenance, but essentially charging your spouse with your legal bills, absent an order from the court ordering him to pay these, was unwise at best. I have no idea why an attorney might have said it was ok to do so. You will have to ask that person. "My attorney said I could", won't get you very far, particularly if you have then fired that attorney and there is only your word that is the case. Perhaps if that attorney were still on the case he or she would have explained the reasoning to the judge and the judge would have agreed. If you cashed in a $20K policy,it is totally understandable that continued maintenance would not be ordered. What did you do with the $20K? Did you disclose that to the judge before your ex brought it up? If temporary maintenance was halted, you will need to find a job or other source of income. If you have been married for 40 years, you are likely old enough to start collecting social security if nothing else.