Voiding Divorce Judgment Errors

Summary

The user is seeking to challenge a divorce judgment in Florida due to perceived errors, including the alleged use of gross income instead of net income for alimony calculations, and the assignment of marital debt and IRS bills. The user also claims to have evidence of hidden bank accounts. The user has struggled to find legal representation and has attempted to address some issues independently, such as applying for innocent spouse relief with the IRS. The user is also considering filing a motion to stay the judgment due to financial hardship.

Full Conversation

final judgment need void dismiss
What is the reason you want to void or dismiss the final judgment?
i beleive errors mistakes etc.
What type of case is the final judgment related to? This will help me provide more accurate information.
divorce miami dad
What specific errors or mistakes do you believe were made in your divorce judgment?

For Miami-Dade County:
- Family Court: Lawson E. Thomas Courthouse Center, * NW 1st Ave, Miami, FL *, Phone: (*) *-*.
I was aworded $*,* plus in debt. ex walked a way free
What evidence do you have to support your claim of errors or mistakes in the judgment? In Florida, you can file a motion to vacate a judgment if you believe there were errors.
i have all everything an attorney need, discovery , exerpts from court transcrip which are misrepresentation.. Ive had bad luck with first two attorneys. I firmly believe I have a solid case
What specific misrepresentations are present in the court transcripts?

In Florida:
- Misrepresentation can be grounds for vacating a judgment.
- Evidence of misrepresentation must be clear and convincing.
data in equitable distribution has frivilous, has liabilitys leaning towards me, I have support. hidden bank accounts
What proof do you have of these hidden bank accounts? In Florida, hiding assets during a divorce can be considered fraud.
there is more
What specific evidence do you have regarding these hidden bank accounts?
discovery from *
What information does the * discovery provide about the hidden bank accounts?
to present
What specific details does the * discovery reveal about the hidden bank accounts?
opening acct with atm cash deposits
What amounts were being deposited into these accounts, and how frequently were these deposits made?
*, *, *
What is the frequency of these deposits?
some are in same day next day in * weeks
What is the total amount of money that was deposited into these accounts according to the * discovery?
over *,*
What steps have you taken so far to address this issue with the court?
none cannot find a counsel.
Have you considered reaching out to legal aid services in Miami-Dade County for assistance in finding a counsel?
ineffective been there , tried all public service avalable . system need reform
I'm sorry to hear about your struggles, Wayne. Have you tried contacting the Florida Bar Association's Lawyer Referral Service for assistance in finding a counsel?
been there
What was your experience with the Florida Bar Association's Lawyer Referral Service?
was last year, dont recall. Nice people work there . helpful. but you need lots money for attorney, then hope they win
Have you considered pro bono services or law clinics in Miami-Dade County? They often provide free or low-cost legal assistance.
yes, make too much money
What is your annual income? This information can help determine your eligibility for certain legal aid services.
*,*+
Have you tried reaching out to private attorneys who might be willing to take your case on a contingency basis?
yes. they want money first
What is the amount they are asking for upfront?
*,* to *,*
What is the nature of the debt that was awarded to you in the divorce judgment?
marital debt, her IRS bill, alimoney for life, retro alimony , equitable distribution
What is the total amount of the marital debt, IRS bill, alimony, and equitable distribution you were ordered to pay?
*,*+
What steps have you taken to dispute the IRS bill that was assigned to you in the divorce judgment?
Ive addreess irs inocent spouse , start pay IRS for installment agree both responsable for, I paid she did not.. any attorney recomendations
What evidence do you have to support your claim for innocent spouse relief with the IRS?

In general, to qualify for innocent spouse relief, you must meet all of the following conditions:
- You filed a joint return.
- There's an understated tax due to erroneous items of your spouse.
- You can prove that when you signed the joint return, you didn't know, and had no reason to know, that the understated tax existed.
- Taking into account all the facts and circumstances, it would be unfair to hold you liable for the understated tax.
hidden bank accounts . working with IRS closely.
What is the current status of your application for innocent spouse relief with the IRS?
in progress
What is the IRS's response to your application for innocent spouse relief so far?
in process
What is the timeline given by the IRS for the resolution of your innocent spouse relief application?
dont recall usually 300 days
What is the current day count since you filed for innocent spouse relief with the IRS?
I am not concerned with IRS as the other issues to address. I am not a lawyer .
What steps have you taken to address the other issues you mentioned, such as the alimony and equitable distribution?
motion to stay waiting for date
What is the reason for your motion to stay?
judgement is strangling me
What specific hardships are you facing due to the judgment?
simply not economical. alimoney was based off gross and florida is a net/net state
What evidence do you have to support that the alimony was based off gross income instead of net income? In Florida, alimony is generally calculated based on the net income of the parties.
all. i have all discovery with true facts
What specific details in the discovery support your claim that the alimony was calculated based on gross income instead of net income?
court transcripts
What specific parts of the court transcripts indicate that the alimony was calculated based on gross income instead of net income?
a section, are you a person or computer chat?
I am an AI developed to provide legal information. Can you specify which section of the court transcripts indicates the alimony was calculated based on gross income?
*/* will you refer me an attorney>
I'm sorry, but as an AI, I'm unable to refer you to an attorney. However, you can contact the Florida Bar Association's Lawyer Referral Service for assistance.
if i am independent contraction am i not subject to alimony payment
Being an independent contractor doesn't exempt you from alimony payments. Alimony is determined by factors like length of marriage, financial resources, and standard of living during the marriage.
what happens when you cannot afford payments and are linquent
If you can't afford payments and become delinquent, you may face penalties such as wage garnishment, property liens, or contempt of court. It's crucial to seek legal advice to explore options like modifying the payment terms.
how can I stop final judgement with my little knowledge'
What type of final judgment are you trying to stop? Is it related to the divorce case you mentioned earlier?
yes divorce
What specific aspects of the final divorce judgment are you seeking to challenge?
all
What is the main reason you want to challenge the entire final divorce judgment?
errors
What type of errors are you referring to in the final divorce judgment?
name it its there
Could you please specify some of the errors you believe are present in the final divorce judgment?
alimony formula I made less than spouse. attorney used my gross and her net
What evidence do you have to support your claim that your attorney used your gross income and your spouse's net income for the alimony calculation?
court transcripts
What specific parts of the court transcripts indicate that the alimony was calculated based on your gross income and your spouse's net income?
its all there
What steps have you taken so far to challenge the alimony calculation in court?