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Odds of reclaiming losses

Renegade2018's picture
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I'll keep this short as possible. 

Last year, my wife's ex and his mother filed  bogus police report in which case I was arrested and released. Criminal court judge found that what I was accused of wasnt even a crime to begin had it actually been true. I was forced from our home for 2 months while my pregnant wife was seething and dealing with a spermidiot from hell. Kid had no idea what they were talking about at all. Case Dismissed with prejudice and expunged from all public records. Cost: $3000 in legal fees. The minute they were told it would be ending (pre hearings, no trial) without their desired result, they filed to terminate my wife's custody (filed prior to case official dismissal). There goes another $3000 for a family law attorney and another $1200 in court fees and GAL fees. We lost over $7000 in lost income over a 8 month period and had a new baby coming while missing out on our planned family vacation that had been in the works for four years. Came out in the deposition that they lied (SHOCKER). Day after the depo, his attorney filed a motion to force my wife to tell their dad when and where she goes into labor and to force her to hands the kids over. They accused me of abusing the kids again after I was found innocent (I wasnt even home the week that allegedly occured). The kids were goofing off outside at his house and had recently learned what purple purples are. Four days at dads for a holiday weekend and then mom is confronted after lying about neglecting their hygiene. My SS6 had poop in his underwear that was dried to his ass and her car STANK of it. She was on video denying all of this... then said "bring it on" repeatedly when she told that they would be hearing from our lawyer about this. This has been an issue for a very long time. Biodad is always denying it happens there along with denying the violent behavior SS was exhibiting, but we know better. In the cop video we got to see the grandmother suddenly putting fake tears (no tears, but obviously fake sniffles) 20 minutes after being nasty and HER threatening US. She claimed SS has a condition he has never been diagnosed with, claimed my wife is 'jealous' of her nasty son, claimed my wife does all these 'fad diets' like eating vegetarian food (??so what??), etc and the kids only eat 'good' at grandma and dads house, blah blah blah.. totally irrelevant lies. Doesnt make sense. The police have no medical report, did ZERO investigating (detective was floored), and nothing happened to them.  The pooping was actually ruled by a specialist as a behavior problem, not medical, the following month yet AGAIN for the second time in a year. Biodad doesnt cook, clean, etc.. the kids eat McDonalds and various takeout and junk there AMA! Here it's the standard meat, veggies, fruit deal. They pack healthy lunches. Food from scratch, etc.. 

My wife is contemplating paying a different attorney because this one wants her to divorce me (IM INNOCENT!!) and she won't even consider filing a motion to request that all of our losses to this be reimbursed from the weight of the evidence we have. Its video, not he said she said. Her attorney was all great until she got our money. Now, she seems to have zero time to communicate about or discuss anything about the cost. Really doesnt seem to give a rat's behind. Any suggestions? 

Renegade2018's picture

Must add this... kids were on a wait list to see a psych specialist for MONTHS... my wife got the phone call from them and they told her that dad must text or otherwise show copies of his insurance (he is ordered to provide ins.) within 48 hours. This is in writing. Clear instructions... a week came and gone... his mother called the office asking to have the kids out on a waitlist (??WTF??) and refused insurance info. They got another opening after pushing these kids ahead of 40 others much higher on there as a favor... spermcunt yet again does not respond... my wife told them to file under hers only and we pay the remainder. Wife called his company's  insurance only to find out that they dont have anything for anybody after searching for an hour using SS# for all. He finally has insurance now... that he just got during open enrollment... he got a 50% deviation of CS as long as he carried the insurance.... 

SteppedOut's picture

To put it blunt:

Odds of reclaimimg - 0%

Odds of this costing you more - 100%

I'm sorry. 

 

amyburemt's picture

I almost wonder if you couldn't file an order of protection against these people for all the harrassment.  I think you should fire your lawyer and find a different one who will take a more aggressive stance against them and in a quicker amount of time. ALWAYS keep in mind that lawyers do not do ANYTHING out of the kindness of their hearts for their clients, money is what drives them . 

Renegade2018's picture

We keep getting told there is nothing we can do to stop them from filing additional bogus motions until a judge notices on their own what is happening. Until then we cant get them on vexatious lit. My relative was her attorney until they moved. Soon as that happened things started blowing up again

Wrong Way Diva's picture

I have heard of cases where people do recover funds from blatently false court actions filed against them.    You can file in small claims court yourself.  You didn't give a lot of details as to what the charges were but you would have to PROVE that it was the ex and his mother that filed and that they knew that it was false.    

Imo, your wife should file a motion to request all communication go through an internet site like Our Family Wizard, so all communications are written and can be read by a judge.   Also, you should take precautions to NEVER be alone with the kids.  Let your wife handle her ex and ex MIL.   

Renegade2018's picture

Mis.1 Domestic violence Mis.1 assault. We can prove it was them alright. Got the police cam footage from her statement, video from our encounter just 20 minutes prior to police video, her written statement and the dads claims in a recorded court deposition lying- saying he was the one that filed the complaint, claimed he filed it on a Friday (start of his weekend) and not the following Tuesday (actual date, moms week), lied about telling her about it on that Friday (false, he asked if it was true that we were having a baby), etc.. in that same recording, he is heard loud and clear that the kids were rough housing outside for SEVERAL hours alone before this tiny bruise (size of a quarter) was noticed. No medical evaluation supported the claim or was made at all. There was a four day period that went by before police were ever involved and only when the xMIL was yelled at for being neglectful, which is on video. In court, the prosecutor read off that this child had multiple bruises all over his body. No. He a small one that wasnt there until after the WE. WE have paid hundreds for family wizard, but he renigged on the agreement to use it. It's been a couple years. Even the GAL was saying "wtf", but not trying to enforce it. We will be.