Help! Consent judgement with terms i never agreed to, never signed and

fireyred1290

New Member
Filed dissolution 8/02/2013. Trial 11/24/2014. 4 hrs attnys in jud chambers. Came out 3 times during that time to discuss case. Last time we agreed to settle. Jud came out and asked basic jurisdiction question, confirned irreconcilable differences, confirmed we had 1 son b/f marriage, name, dob, ETC. Then said,
"I hear u 2 have come to a settlement, is this correct" we both said yes. Then asked if we both understood terms of settlement. Both said yes. Jud granted dissolution and my ex lawyer said he would type the judgement and send to him to sign. NO TERMS OF SETTLEMENT WERE READ ON RECORD. The next day I call my att. about terms and if I was done or would i have to come in to sign the order/judgement. He told me id have to come sign the papers as soon as my ex att drafted and sent them over. Then he'd send to jud to sign. Asked few things about settlement. Every answer was completely different than what he told me the day before during "trial". I said " we are splitting all debts besides my school loans evenly right? (Which is what he had said during negotiations/trial). He said no that all debts went to me. I Inquired further. More discrepancies b/t what he told me terms were during trial and what he was saying they were now. I told him I did not agree and was not going to sign if that's how it is going to be written. I called 3 more times bf judge justice signed prop jdgmnt (12/29) and made it final jdgmnt on 12/30/2014. ( Judge Justice last day as ass judge was 12/31/2014. Eric Eighmy, my ex att, was sworn into office as new assc court judge Jan 1, 2015) I filed motion to vacate and reopen judgement 01/28/2015. My att motioned to withdraw. At hearing he was granted his withdrawl and my ex granted continuance. Eric Eighmy (new judge and ex former att) recused to to conflict and judge williams assigned per local rule. Ex new att motioned up my motion to vacate and hearing was set 2/5/2015. At hearing, judge william said he hadn't had time to review the motion papers and will do so as soon as he can and then make his ruling. I AM STILL WAITING. NO OTHER DOCKET ENTRIES since. What do I do? How can I get relief from a consent judgement were the terms written in order is not what I agreed to consent to??mI'm sure I've missed some timeline/deadline to file the right papers but just in case I can stil do something to stop this, I am turning to you. The experts. Please help me. Just looking at the final judgement any sane person will see its completely unfair, not equitable, and an injustice. THANK YOU!
 
Before you can appeal, you have to have a judgment. You don't have a ruling, yet. I wouldn't worry about debts. You can file BK, and the creditors will go after her. She's not off the hook because a judge says she is. The ruling has no impact on the creditors. The ruling only impact the husband and wife. In effect, it's meaningless.
 
Thank you for your reply. The funny thing is, I am the she and I got screwed! We have 1 son together born before marriage. I had so many assets before I met him. He convinced me to sell everything for "our family". I have no education or skills to get a decent job and he makes over $100k a yr. My income was imputed at min wage. I had to drop out of massage school 4 months before graduation bc I could not pay my bills and go to school. Joint custody bc I feel its very important to have both parents involved! He has very generous visitation schedule w our son and was ordered to pay $750 month CS. Which is lower than form 14 states! I cant help but feel like I have been completely played and taken for everything! How can a judge possibly agree to place all debts on me, grant no maintenance, less than 10% of the assets, and less child support than state statutes require? I can not possibly take care of our son this way!! Please, I need to know what I need to file to get a ruling on my motion to reopen and vacate judgement.
 
Thank you for your reply. The funny thing is, I am the she and I got screwed! We have 1 son together born before marriage. I had so many assets before I met him. He convinced me to sell everything for "our family". I have no education or skills to get a decent job and he makes over $100k a yr. My income was imputed at min wage. I had to drop out of massage school 4 months before graduation bc I could not pay my bills and go to school. Joint custody bc I feel its very important to have both parents involved! He has very generous visitation schedule w our son and was ordered to pay $750 month CS. Which is lower than form 14 states! I cant help but feel like I have been completely played and taken for everything! How can a judge possibly agree to place all debts on me, grant no maintenance, less than 10% of the assets, and less child support than state statutes require? I can not possibly take care of our son this way!! Please, I need to know what I need to file to get a ruling on my motion to reopen and vacate judgement.


All hope isn't lost.
All you need to do is file an individual BK, yours alone.
The debts appear to be yours, but the lenders take a difFerent view.
Your BK will free you of ALL the debt, it'll bounce back on him.
Yeah, he might file BK, too.
But, with his income, it might not be easy.
Forget convincing the divorce judge of anything, a BK is easier, especially if your finances are dire.
Don't tell him, or tip your hand.
Just do it, when he finds out the debt bounced off of you, and has landed smack dab in his lap; watch him howl.

See a BK lawyer on Monday, and it'll all be very clear to you.
Now, mums the word until your BK case has been heard!!!!
 
Back
Top