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souldeux33 karma
"Could not pay" sounds like it should have been phrased as "chose not to pay, in direct violation of a court order." Nice find.
souldeux30 karma
Yeah, but:
During the time when he was behind on CS payments, he was spending money on other purposes for his kids--notably, trying to protect them from his ex's current husband, who is a drug dealer.
You don't get to ignore a court order just because you think you have a better handle on the situation. And it sounds like the kids needed to be protected from OP more than anything else, given the multiple protective orders issued against him.
The judge in charge of the divorce case has been routinely dismissive of OP's claims about the drug dealer situation
I would say that OP feels that everyone in the world has been dismissive of his persecution.
OP has experienced lot of obstruction with other steps of the legal process, including getting a lawyer to help with the appeal and getting documents relating to his case.
OP's lawyer up and quit on him because OP was impossible to communicate with. He then went on to try and represent himself, failed, and failed to pay legal fees for the other attorneys who did their jobs.
The legal fees that OP owes his ex's lawyer are being inflated because the lawyer is friends with the judge.
No:
In his second issue, Mr. West claims that the assessment of $5,000.00 in attorney’s fees, expenses, and costs are excessive and asserts that it was “likely assessed to punish” him. Petition at 1. Applicant makes this claim solely on the basis of the notion that prior attorney’s fees and costs (when he was represented by counsel) were only $1,033.00. Id. At risk of being repetitive, an applicant is required to prove his case by a preponderance of the evidence. Ex parte Maldonado, 688 S.W.2d 114, 116 (Tex. Crim. App. 1985); accord Ex parte Richardson, 70 S.W.3d 865, 870 (Tex. Crim. App. 2002). Texas Family Code section 106.002 governs attorney's fees in suits affecting the parent-child relationship. See Tex. Fam. Code Ann.§ 106.002;Lenz v. Lenz,79 S.W.3d 10, 21 (Tex.2002). It provides that in a suit under Title 5 of the Texas Family Code, “the court may render judgment for reasonable attorney's fees and expenses and order the judgment and post judgment interest to be paid directly to an attorney.” Tex. Fam. Code Ann. § 106.002(a). The trial court has discretion in awarding fees under this statute. Lenz, 79 S.W.3d at 21; Bruni v. 8 Bruni, 924 S.W.2d 366, 368 (Tex.1996). Therefore, the trial court's award of attorney's fees should be reviewed on an abuse of discretion standard. See Bruni, 924 S.W.2d at 368. We will uphold the trial court's award unless we find that the court acted “without reference to any guiding rules or principles.”Worford v. Stamper,801 S.W.2d 108, 109 (Tex.1990)(per curiam). Here, applicant has provided nothing but his bald assertions that the judgment is excessive and likely to punish. In fact, what Mr. West fails to discuss is the excess of motions, responses, and petitions Mr. Guy was required to draft and file and the time necessary to complete those tasks once Mr. Ross withdrew (with Mr. West’s agreement) in order to effectively represent his client. The costs, fees, and expenses awarded to Mr. Guy are clearly within the trial court’s discretion, especially considering the likely hours of discussions with his client and the hours of drafting documents in repeated attempts to force Mr. West to provide the court-ordered support for his children. As Mr. West has failed to provide evidence of how the trial court’s award of reasonable attorney’s fees, costs, and expenses is excessive, this point of error should be overruled.
Then:
While OP has been penalized for not having all his legal documents totally in order, the documents from the court are themselves full of procedural problems (e.g. signed incorrectly)
Where? I'm going through the docs he linked, they look fine. There's definitely some lunatic bullshit in here, but it's all from him.
6: OP did bring the total payment due to one of the court hearings, but it was not accepted then.
It's stated multiple times in the order that payments made any way other than through the one approved channel will not be credited.
OP was never informed that his release was conditional and procedural inadequacies meant there's no record that he wasn't informed.
OP was informed that he was being sent to jail on contempt charges for failing to pay child support. The only way to not be guilty of that any more was to pay his child support. Basic literacy on OP's part suffices here.
souldeux26 karma
Haha! I missed the part where he transitioned from deadbeat to full-on abusive, nice find.
souldeux156 karma
I've read the first two pages of this document you linked and this is my favorite sentence so far:
After being found in contempt for not paying your support, being sent to jail for 180 days, being released after only 19 days, falling behind on your payments again after two more months, having ANOTHER judgement against you, then AGAIN failing to make your payments, your lawyer just finally quit on you. And then when you showed up in court again:
You just showed up by yourself and were found liable for ANOTHER $7000. This was on April 23rd, 2013.
AND THEN
AND THEN:
In other words, you continued to fail to pay your child support and got sent back to jail again.
Then you started getting your Habeas Corpus filings denied. Not because anyone was violating Habeas Corpus, but because you shouldn't have been filing the damn things in the first place, as is explained in the same document:
You probably could have had a lawyer explain this to you, if you hadn't pissed yours off so badly that he quit.
Even if Habeas Corpus was an appropriate filing, you apparently never provided any sort of documentation backing up your claims:
But this is where it gets funny:
No documentation, no prescription, no medical note, nothing. Just "I want a nice mattress and chiropractic care during my time in jail, where I am because I don't support my children."
I know you. I don't know you personally, but I work with people like you every day and I know the line of thought that has gotten you to this stupid, stupid place. Good luck. You need it. And for god's sake, if you can't get a lawyer to touch your case NOW, they're damn sure not going to do it after you spray this nonsense across the internet.
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