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LegalGround >> State apponted attorney/Child custody battle in FL


5/21/09 12:17 AM
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SKARHEAD
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OK, so I have a friend who divorced her husband 2 years ago. They had alot of money a business, but they divorced when he was caught cheating, but she had no proof.


Stupidly, she only asked for $30,000 (upon selling of their 2nd home), joint custody, and $12,000 a month child support because she wanted OUT of that marriage ASAP.



He lives w/ the woman he cheated w/ (their secretary), but is still VERY bitter that she had the audacity to leave him....Years later he is still LOADED, but has manipulated his books to say he makes less than $50,000 a year (and a result has had her child support lowered to $400 a month !) and has put all his property in his parent's or brother's name......He also let their 2nd home go into foreclosure JUST so she would never get her $30,000....and she never got it (and there was no stiulation in the agreement that she wouold still get her money if it did go into foreclosure...he's very sneaky or at least his lawyer is).



He has not stopped there. More bitter than ever he is trying to take FULL custody of the child, claiming that she only lives in a one bedroom, has an erratic schedule 9she is a waitress now), and has court ordered a hair follicle drug test for her (despite him being a coke addict for years).



He and his high price lawyer have ordered her into mediation, and she could not afford her own attorney. As a result they have painted her in a VERY bad light and she is overwhelmed. he has come after her tooth and nail. They are taking her to court for FULL custody and are looking to taker HER for child support now, which she could never afford. despite the fact that he says he makes so little he can only afford $400 a montyh now for child support, he has a very high priced lawyer working for him , while he himself takes frequent lavish vacations and lives a life of decadence and luxury.....all which he pays out of his personal business in which he manipulates his books.



But regardless of whether he's right or wrong HE has the money and she has none.


What can she do ??? How can she attain legal representation ?? Does she have to submit to a hair follicle drug test w/out probable cause ? How does she go about getting him to submit to such a test, which he would fail ? what's involved ?



How can someone w/ no money defend themselves at all, in the state of Florida, in such a scenario w/ literally no money against someone with much to spare ? Can they really take her daughter ?
5/21/09 12:24 AM
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SKARHEAD
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BTW she is scheduled for another mediation on June 3....Which she is ordered to pay half of the $300 an hour to the mediator even though none of this was her idea. Her ex is looking to bleed her slowly because he KNOWS she can afford none of this.


All her friends are worried for her and concerned as this will tear both her and her daughter's heart out....but he doesn't care about that. If he can't have her he basically wants to ruin her. None of us have the money to help her and we don't know what to do.


Any help or advice is appreciated.
5/21/09 11:49 AM
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SKARHEAD
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I'm sorry, I meant $1,200 a month child support...not $12,000. He owns a multi million dollar business that she literally helped him build from the ground up (he didn't even have a car when they met).....She wanted the divorce when he caught her cheating w/ the secretary (who he moved into her old house BTW along w/her 2 dughters).


he never wanted to divorce her.....just wanted the secretary on the side. She just wanted out ASAP and so, foolishly only asked for 30K and child support.....but she could have taken him for much, much more. Bad move.




They already have 50% joint custody. However now is is threatening to take her for FULL custody and in turn ask the courts to force HER to pay child support....This is all due to him being bitter because she refuses to go back to him despite him still having the woman he cheated on her w/ living in her old home. He's that bitter.



Sounds ridiculous, but he has the money and the attorneys to do this while she is literally struggling to make rent.



BTW he does smoke pot and did coke as recently as 3 months ago. How exactly does one go about having a court ordered drug test ? Who do you speak to ? How much does it cost ?
5/21/09 12:40 PM
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bflex
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This is why I don't do family law. Just look at that cluster fuck of issues.
5/21/09 12:42 PM
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SKARHEAD
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Understood...but some advice please ?

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