Dirty Laundry

"Faites votre deposition, " repeta le Roi en colere; "ou bien je vous fais executer, que vous soyez trouble ou non!"

This weekend I need to prepare to argue against Dympna Moore in regards to my divorce from Liz.
She has filed a motion for :
1) Counsel fees of $2,500.00 as Defendant is without funds.
2) Temporary legal custody of Scott, temporary physical custody of Scott,
3) Temporary child support
4) That I be ordered to pay reasonable, uninsured medical and dental expenses of Liz and Scott
5) That I pay the defendant a reasonable amount of spousal support.

There are several other items that seem to be irrelevant to an argument.

Before I go to court on Thursday, I need to:
1) list, here on this page, all possible arguments against the proposed orders.
2) Outline a story, the story of this marriage so that it becomes a focus for the judge to make his decision.
3) Construct an outline of the most pertinent arguments
4) Write out in full sentences and in orderly, speakable paragraphs each argument in such a way that it could be read aloud in the court as my answer to Ms Moore’s motions.
5) Read it aloud.
6) Pray


I have 5 days to do this.

First thoughts

1)

My wife’s attorney indicated to me that she is taking this case on a pro bono basis and that she would even write the agreement for no fee if I agreed to her demands. If I did not agree, then I she said she would file a motion for attorney’s fees. Because she has indicated she is doing this pro bono my wife will be represented whether or not I pay her attorney’s fees.

If I could have afforded a lawyer I would have been divorced 10 years ago when the court ordered us to proceed directly to a pre-trial hearing. We were scheduled for the hearing but the court dropped the date and never gave us a new date. An attorney would not have let tbat happen.

$2,500. Would be a hardship for me to pay, I would have to put most of it onto credit cards or fall that much further behind on my taxes.

The money could better be spent elsewhere, medical insurance, Liz’s teeth, Scott’s college etc.

2)

Scott has lived with me for ten years, why suddenly change his household now?
Scott participates in the swim team, the wind ensemble, the jazz band, takes and gives trumpet lessons and all his classes are right next door to where we live now.
Scott has given me no indication that he wants to live with his mother although he knows he is free to do so whenever he chooses.

4)

Scott has always had had access to medical care; he has been to the doctor whenever he needed to, he has had regular dental check ups all his life, he has had an orthodontist and an optometrist.
I know I could not have afforded health insurance for myself or Scott over the last ten years. My wife has Mass Health coverage.

My Story

We have not lived together for over ten years.
Scott has lived with me for that entire ten years.
We do not have the best living situation, but he preferred to live with me then and he prefers to live with me now.
I have been supporting my wife faithfully for that entire time although it has been a burden to me and Scott. We have not been able to afford health insurance or a house of our own and some years I was not always able to pay my taxes on time but I always faithfully paid my wife every month and always helped her out whenever I could however I could.