Q: Judge just issued Order ex-husband’s Modification Denied. Can he re-file under new grounds immediately?
After 2 years and costing me $100,000 in attorney fees to defend myself to keep child and spousal support I am broke. Maxed every credit card, borrowed from everyone I know, sold my car and mortgaged my house. We have not had the hearing on attorney fees yet when my Ex filed an appeal. Then withdrew it right after my attorney answered. Now he just filed the same case but with different grounds. My attorney wants another new retainer PLUS pay this month’s bill before answering the Complaint.
I have our 2 kids to feed and raise all by myself (he sees them 1x a year) plus work full-time just to make ends meet. Isn’t the legal system supposed to help me? I don’t have a penny left for a new $10k retainer so now I’ll lose everything anyway by default AND be $100k in debt for nothing?
A: First, you always can ask for attorneys' fee from the first case within 45 days of the final order. Second, if the second case is on the same grounds as the first, you should be able to get it dismissed and your attorneys' fees back. Third, it sounds like you couldn't afford your attorney. You shouldn't have to mortgage your home and spend $100,000 on a custody case. That is absurd in my opinion. There are attorneys who handle cases on a flat fee or capped basis, so you don't spend a lot of money. You should explore that option for the next case.
Homer P Jordan IV and Ellaretha Coleman agree with this answer
A: In order for him to re-file, he must first show that there has been a material change in circumstances since the entry of the last order. You should speak with an attorney at least for a consultation to determine if his allegations in his new petition for modification rise to that level.
Homer P Jordan IV agrees with this answer
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