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  1. #1
    angelina86 is offline Junior Member
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    Nov 2011
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    Default Case laws and advice related to vacating settlement needed please!

    I got royally screwed in my mediated settlement. So bad I question my attorneys loyalty. I left mediation without knowing the value of what I had as my ex had removed records and was taking all income daily from our business for a month. My attorney didn't make him provide them then encouraged me to accept it as it was all they would offer. Worried about unknown liabilities and stolen equipment he assured me everything had to be current. My ex's attorney walked in after I finally agreed, said of course no alimonyicon (30 year marriage) to which he nodded his head making me think I wasn't entitled. It is in the vague settlement each waives alimony and can't be modified.
    The business turned out to have $100,000 in unpaid bills. $8.52 in the bank, the house I took 3 payments behind. He didn't put in the settlement bills would be current, After having me make spreadsheets of bills and missing equipment he denied saying this. My settlement was over $150,000 negative, my ex's millions. I even agreed to pay half the taxes for his properties he hasn't demanded yet but I'm sure will along with attorney fees if I lose. I faced losing my only source of income and home. My attorney told me move on with my life.
    A relative passed and left enough to help me struggle by and hire an attorney to file a motion to vacate. Its been 2 years, I am still barely getting by and may lose my house before its heard. After spending what little I had for the attorney I'm so worried about losing. He is good but not a family attorney. Can anyone send any case citations or recommendations regarding:
    1. modifying and getting alimony after a settlements signed
    2. filing an amended fraudulent affidavit the day of mediation I never saw
    3. unequal settlements
    4. maintaining standard of living
    5. changing an unfair settlement because of attorney negligence.
    6. anything at all that might relate and help

    I was ignorant of the law once and relied on an attorney. Not again. He also says he doesn't have malpractice insurance!

    Thanks

  2. #2
    Attorney Howard Iken's Avatar
    Attorney Howard Iken is offline Administrator
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    Tampa, Florida, United States, 105638029469653, Tampa, Florida
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    Default

    Setting aside a prior final judgment after almost two years is a complex matter. Your attorney should perform caselaw research in support for the hearing. Bringing the attorney caselaw is not a substitute for competent representation.

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