Q: Can a written statement be presented to a judge and attorneys pre-trial explaining a mental disability?
My husband has a fatal genetic disease that destroys the part of the brain where reasoning and rational thinking is processed. He is considered severely mentally ill. He has an upcoming case to reduce or eliminate alimony due to losing 1/3 of his income. We have presented clear need for reduction or elimination including future needs as the disease progresses. I know the opposing attorney will try to use the horrible characteristics of Huntington’s and present it as my husband’s character, which it is not. l want the judge and opposing attorney to understand up front the affects of the disease that are beyond his control. Treating him as a villain due to the behaviors associated with the disease would be a great wrong as his mental impairment would not be taken into consideration. They are adding contempt charges for a matter he couldn’t prevent post divorce. I can’t figure out how to apply the ADA to protect him from being deliberately misrepresented.
A: Evidence regarding his disease probably can be presented at the hearing, assuming it is an evidentiary hearing. But be careful trying to present a "written statement" as evidence; that would probably be regarded as inadmissible hearsay and opinion by a non-expert (if you try to testify on that. You had best call an expert witness.
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