Dear___________,
Thank you for your assistance during this hearing before this judge. Clearly, the ability to pay issue must be addressed, as there is no foreseeable way that I can produce the $13,000.00 in 10 days; and with the added caveat of an additional $6,000.00 within an additional week. I am at a loss as to what action to take at this point. Is bankruptcy an option here? Bankruptcy issues must be in place prior to any court ordered payments. Keep records of your financial status.
My ability to pay is directly related to my client's ability to pay me. She takes issue at the erratic payment dates for her monies, but I am not in a profession that payments fall due at regular intervals. Look at the totals that I have paid to her, and their regularity, even when the monthly income had fallen to such low amounts. I made her payments over all others, before the office lease, before the automobile lease, and before the taxes. My practice has dwindled from a firm of 3 people to only me, I have had to give up my office, my vehicle has been repossessed, and I am living in an apartment with my office furniture and a couch. Document all payments made to your ex, and copies of all checks written. Make all payment to ex through the registry of the court.
My ex wife lied under oath, with reference to the funds that she had been paid, and the judge accepted all her statements as factual. I can certainly produce a copy of the checks that she endorsed. Her attorney made much of the checks that I had written that had bounced, I made those payments based on the belief that my clients would satisfy their account and pay when they said that would. My error was in making payments before cash was in my hands. Make payments upon receipt of funds, and not in anticipation of payments.
Additionally, the plaintiff should be questioned re: the scholarship that was given to my children to attend their private school, which reduces the cost of their tuition 30%. Yet, I am to pay the full amount of tuition without regard to that scholarship, which is unfair. Keep all agreements made in reference to medical, day care/schooling costs for the children.
My ex also misrepresented that there was new computer equipment in my home, as there was not any new computer equipment. I wish that issue had been made questioning the accuracy of her statement, and her credentials and expertise at visual inventory, for in fact I was forced to sell a large format printer to obtain monies to pay her support following the closing of my office. An issue was also made re: purchase of a new digital camera, that I use in my practice. It should have been pointed out that I gave her my digital camera so that she could take pictures of the children. Keep records of all business equipment expenses, and receipts for any gifts made to your ex.
Her attorney pointed to the gas being shut off at the family home. However, it was not brought to light that I carried the gas account in my name continuously for 9 months from the time of our separation. At that time, I told her that I had changed the account from my name, and that she needed to call the gas company and open the account in her name. Obviously she did not do that, and then when she came home from the week she spent on the lake at her parent's home, the gas had been cut off. Nor was it reported that she called me and told me what had happened, that I went and paid the reconnect fee for her. Immediately remove your name from all utility accounts, and document all correspondence with ex in that reference.
It sounded as if her attorney was headed toward character assassination re: the observation of my lifestyle. My ex had come into my apartment, and of course had observed that I was living as a woman, and I have told her of me being TS. I believe that was being presented as blackmail, that would be brought to light should they decide to try and use that approach. If we go there, I suppose that I might as well go wait in the Lobby of the County Jail now. I don't even want to think what life in there would be like for a transsexual. Be aware that your lifestyle will be brought to the Court's attention, and be prepared to deal with its prejudice.
Thank you for your assistance and guidance.
Sincerely
It had been my hope that these issues would be brought up during the appeal hearing that I understood was to be requested prior to my initial deadline. As it turned out, my attorney filed at the last minute a Stay of Execution of Sentence pending a new hearing. I spent the remainder of my time searching and trying to piece together the documentation I would require to present these facts. I was advised to prepare a payment schedule that I could meet to satisfy the judgments that were made against me, and to then present my facts at the new hearing, asking for relief and that credit be given to the over payments that I had made. Two issues are brought forward with this approach: 1.) You get to pay twice, and have to hope that the court will grant you credit for those payments; 2.) You are once again relying on others to follow through with their payments to you. I had been able to obtain letters of intent from some of my clients stating that they would make payments by a certain date, and that would take the concern of obtaining the required funds out of the loop. It appeared that the issues were resolved.
Wrong, it appears that the payment from a guarantor would not be made in time. When my attorney called and said that I could expect the sheriff at my door any minute, I saw that I was no further out of the woods than when this entire process began. I had always thought I might like to visit some friends in a neighboring state for a few days, while I attempted to raise the funds that were in arrears. Will this ever end?
Thanks for listening,
Allison
