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Dear Amy,
I have a friend who needs some help. This woman
lives in West Virginia and has had some legal
troubles and I wanted to know if there was
anyone out there who could help her out. She
was in the middle of getting a divorce from
her husband when she got in a terrible car
accident. She had brain damage as a result,
and to this day still has problems remembering
the details of her past. While she was incapacitated,
her husband somehow continued with the proceedings
and signed away her alimony.
He has a $6,000a week contracting business and
is currently paying only $200 a month for the
child support of her 4 kids, one of which has
a heart condition. He got away with this by bribing
the judge, who told him to get an $8 an hour
job for a few weeks and claim that as his income
and that his contracting business was only on
the side. She has problems landing a job because
of the accident she was in, and currently the
only thing supporting her and her children is
her boyfriend.
My question is whether there is anything that
can be done .She lives in a very rural area that
may cause some problems as far as accessibility
is concerned, so that may cause some problems.
If you or anyone else has any ideas, please contact
me.
Thank you,
Jen |
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Jen -
I hear about
many unjust divorce situations at Ask Amy, so
sadly, this isn't coming as a total surprise.
What it usually comes down to is the judge --
and what decision he/she makes -- and the primary
concern is suppose to be what is in the best
interest of the children, which I'm not sure
how that was argued in this instance. I think
that she certainly has grounds to revisit this
decision/divorce decree. Does she have a lawyer?
Getting a responsible lawyer is obviously the
first step -- then she needs to challenge this
decision - for instance looking at his back taxes,
not just what he was earning at the time of divorce.
They will also look at their lifestyle and
make sure that she isn't being robbed of that
with this divorce. Additionally, there is probably
something she can pursue in terms of how this
decision was made in the first place -- if
she was diagnosed as incapacitated in any way,
the entire decision should be thrown out on
those grounds -- and it sounds like she might
have medical records to prove it.
There are groups like Equality in Marriage
and Divorced from Justice which can help her
if she wants to pursue this without a lawyer.
Good luck and it certainly means a lot that
you are helping her navigate this
- Amy
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