What are my legal rights when my ex-wife filed, wrongly, a motion to modify judgement and the judge accepted i
551863
If I knew the jurisidiction of your hearing, I could give you a better response.  What is the state in which the motion was filed and in what state does your ex-wife reside?\n\nWas the letter a cover letter to go with a "verified Petition to Modify Support?"  If so, it was the Petition that was allowed.  The letter is typically removed by the Clerk of the Court.  Letters directly to a judge, without notice and a copy to the other side, is ex parte communication and is not allowed.\n\nYou cannot "cite" her for contempt, however, you can file a Motion for Rule to Show Cause" why she should not be held in contempt for failing to serve documents.
212810
Most courts will have appeals packet for you.  Do this quickly, as some court matters have a time limit on appeals.  If you are not able to complete the forms on your own, contact your state Bar Association (lawyers), and ask for pro bono (free service) attorney to assist you.\n\nBut do understand that you can only appeal matters if there were technically errors made during the case and not just because you did not like the outcome.
713988
it is a violation. The best thing you can do is be honest with the judge and hope he gives you a warning.
156539
You are in way over your head.  Hire an attorney to assist you.  Your post is very difficult to read or understand and I am sure the judge will require clarity of thought from you if you wish to prevail.
1125181
If you can demonstrate that the facts are as you say, the court will rule that she has no right to your property.  There is palimony in CAlifornia (various rights gained through a marriage like relationship) but if you can show that you made it clear there was no marriage-like agreement, than she has no such claims.  Even with such claims, she probably would have no right to the house.\n\nHowever, believing facts to be a certain way, and being able to prove to a court faced with different facts are two different things.\n\nHow long can she keep you away? At least until the hearing, and probably a bit longer, even if you can prove your versions of the facts.\n\nBut look -- you  have a lawyer.  Get your advice from him or her, not from random Yahoo posters.  If you don't have a lawyer, then you have no chance.\n\nNow -- you will have to pay child support.  And it is unlikely you will get custody of the child, to raise an issue youhaven't asked about.
866829
She's in violation of your agreement, take her to court, it sounds like she took horrible advantage of you.
703918
Go to court and tell the judge exactly what you told us.
138738
Seek court costs and interest.\n\nI made a mistake in my divorce and thought I had 6 months to sell or refi the home.  I only had 60 days.\n\nI had to pay my ex-wife a small amount of interest plus court costs on the $7K I had to give her from the home.\n\nSo the court can award interest, on top of what she owes if she continues to be late.\n\nIt doesn't hurt to ask the court to pay you for her mistakes.\n\nHTH
1108860
that means there has been a decision made against you.  whatever the judgment may be, it is a decision made by the judge (and sometimes jury) that you are at fault.  usually it results in an awarding of money for the other party - to be paid by you.  a motion for consideration is what you file when you want the judge to consider a point.  they are filed on any number of issues and without more info, i wouldn't be able to tell you what the judge was being asked to review.
1003846
I think that you should appeal this.\n\nWith whatever documentation you have from taxes paid and the sale of the business, I don't see why this judgemnt cannot be overturned.
968917
No, you can't get a case overturned if you dismissed it voluntarily. And you should not think that simply because the judge is allowing a motion to be filed that he or she necessarily will grant the motion.\n\nHowever, the best advice for you is undoubtedly to consult an attorney in your jurisdiction. A company will be represented by lawyers, and the court will not grant you any extra consideration simply because you're not trained.
178667
I am assuming that you mean in his official capacity.  If you want to overturn a ruling than you'll have to file an appeal.  If the Judge did something illegal than you can take it to the D.A.  If he has done something unethical than you can file a complaint with your local bar association.
1016177
I filed for divorce.  My attorney told me that it would make a better case in my favor (as a female) if I did so since my Ex was dragging his feet.  It did work out for me.  The judge granted me  sole custody of our child ( we were going for joint custody) and my ex was told to pay my attorney fees.
185255
Do you have an attorney?  If so, they should be advising you on this.  If not, it sounds as though you need one!\n\nIf you think the judge will treat you unfairly, you will first have to convince the judge of that.  Judges are assumed to be impartial, so it is customary to ask them to recuse or remove themselves from a trial or hearing. You would be expected to prove that they may have a bias or personal stake in the outcome.  Only if the judge refuses to do so should you petition the administrative judge (judge's supervisor) to request they be removed.  Going over the judge's head without giving them an opportunity to voluntarily step aside would likely be ignored by the administrative judge and result in the judge in question to make your life even more difficult.
1183307
Yes, but this is an up hill battle. The laws are not really in your favor. \n\nHave your attorney file a "stay judgment order" which should give you time to mount an appeal. There are nonprofit organizations out there to help you, do some searching for pro bono housing council.
505757
Sounds like she was the one that need the restraining order and the judge had no right to order her to move! Sounds like this guy is the one that did all this to your friend and needs chanrges brought agianst him! He was after her one way or another! And sounds like the judge was payed to give him the restraining order agianst her! Somethign is deffently not right!
1150972
Contact the attorney directly, but you may be out of luck.\n\nIf she was just a girlfriend, you were never married, spousal privelege doesn't attach. I'm assuming you were not her physician, so that is out.\n\nIf you are subpoenaed, they can compel you to testify. You can tell the judge no, but he can tell you "Go to jail go, directly to jail" and keep you there until you talk.