2007-02-21 - 12:08 p.m.
My attorney had claimed that the motion to move the child support hearing from DOmestic COurt that she filed on Friday 2/26/07 HAD to be done as the divorce action had been filed in Loudoun Circuit Court within 21 days of that hearing.
What IS TRUE is that only ONE COURT can retain jurisdiction in a matter at one time. I GET THAT.
But what I DIDN'T GET was why then we didn't PROCEED with the child support hearing and then the result of that would be honored in the circuit court. What I didn't get is WHY SHE WOULDN't HAVE SEEN GETTING SUPPORT ASAP as PRIORITY.
What I didn't get is WHY SHE LIED and first told me that the oppossing counsel filed the motion to move it.
What I DIDNt get was WHY I DIDN'T GET A SUPPORT ORDER IN WRITING IMMEDIATELY AFTER THE HEARING IN CIRCUIT COURT ON 2/8/07 in which it was VERBALLY stated that I was granted temporary custody and child support to be imputed STRICTLY ON THE VA FORMULA of my income ZERO and my husbands stated income . The judge was CLEAR he was leaving living arrangements as he said "Where they are without interference with each other."
He was CLEAR that the support was not to be ADJUSTED for any other things hubby has been providing (as in mortgage)
WHAT I DIDN'T GET WAS WHY WHEN IT WAS ORDERED RETROACTIVE and the opposing counsel ASKED about deducting what payments were made, the judge said "Certainly deduct the payment made in JANUARY"
Retroactive to WHEN? JAN when the divorce action filed in Ciruit court, or back to AUG Or SEPT when my CHILD SUPPORT ACTION WAS FIRST FILED?
I DO GET THAT IF IT IS ONLY SUPPORT BASED ON DATE OF CIRCUIT COURT FILING OF DIVORCE, THAT THEN ONE REASON FOR FORUM SHOPPING IS CRYSTAL CLEAR.
That would be a SUBSTANTIAL difference in amount of support.
What I ALSO get is that THE DOMESTIC COURT RETAINED JURISDICTION OF THE CHILD SUPPORT MATTER FOR 21 DAYS AFTER THEIR JUDGEMENT.
I looked up the date and that fell on this Monday.
SO I GET now why there COULD NOT BE A JUDGEMENT ENTERED IN WRITING BY THE JUDGE PRIOR TO THEN and why he was going to "Consider any additional pleadings" on the nuptial matter.
He indicated there seemed to be more arguments (which was TRUE but also almost made NO SENSE FOR HIM TO SAY at the time as 1. My attorney hadn't ever PRESENTED THOSE ARGUMENTS in that court, despite having DISCUSSED THEM WITH ME ON THE PHONE THE NIGHT BEFORE
2. THE OPPOSING COUNSEL ENTERED Into what I considered an odd filibuster type presentation of nitpicking over really OBVIOUS points of law to which I sat and said in my brain "DUH I think the judge and we all get this obvious point that a nuptial signed after marriage is given full faith and credit the same as a prenup"
That was spinning of wheels wasting time and I was TRYING to figure out the agenda of WHY. ( I even wondered if my Ex wanted to make ME LATE in picking up kids for advantage in custody battle... was trying to GET IT)
I THINK I GOT IT. THE COURT DID NOT HAVE JURISDICTION OVER THE CHILD SUPPORT MATTER ON 2/8/07
The JUDGEMENT of PAM BROOKS TO RELINQUISH CONTROL OF THAT MATTER AND CLOSE THE CASE IN DOMESTIC COURT THAT I WAS NEITHER CONSULTED REGARDING NOR CONSENTED TO WAS ENTERED THAT DAY
And THE DOmeSTIC COURT RETAINED JURISDICTION OVER THAT MATTER UNTIL FEB 19th, per the 21 DAy rule that I believe my attorney WAS CORRECTLY CITING TO ME but which she failed to flesh out HOW was being applied in a very carefully chosen manner in my case.
Maybe I am wrong, but it seems to me that it all DOES make sense that the lengthy exposition over WHAT IS CLEAR LAW by the opposing counsel was indeed designed to MAKE IT LOOK like there were arguments not finished...
THERE REALLY WERE AND I HOPE TO ACTUALLY GET TO REALLY PRESENT THEM TO THE COURT
HOWEVER IF I AM NOT MISTAKEN IN MY UNDERSTANDING OF WHAT HAPPENED
SHE WAS WAITING FOR THAT 21 DAY MARK
And if I am not mistaken, there WILL suddely be a judgement entered.
Maybe I am wrong in this.
That WOULD be nice. Maybe my attorney REALLY HAS OR WILL file a motion to withdraw PRIOR TO A JUDEMENT FROM THE JUDGE and MAYBE I'll be granted the right to represent myself and SEE a judgement (ostensibly crafted by her and sent to oppossing counsel) before it it signed and entered by the judge. She wrote me a letter attesting to the fact she was intending to do that.
That would be lovely.
So I hope that is indeed what happens.
BUT I AM SKEPTICAL. It might end up like the PRACTICE of going over my testimony with her so she knew what happened that I wanted to share, and then her NEVER once asking me about any of that. It might be like her presenting a MIRAGE of things that were a bit off... like her saying I got NO child support when I TOLD her I got some, or her arguing in her FINAL ARGUMENT that I "NEVER WORKED OUT OF THE HOME" after I had just TESTIFIED that I worked PT at TARGET...
One thing is CRYSTAL CLEAR TO ME THOUGH
I SHOULD HAVE NO PROBLEM ON THE VA PROCEDURE QUESTIONS ON THE BAR EXAM. THERE IS NO WAY IN HELL ANY BAR EXAMINER COULD CONTRIVE SUCH CONVULUTED SENARIOS AS THIS!
They should be a fucking breeze after trying to figure this bizarre procedural chess game out.
And there is another thing clear to me.
My ability and undersanding has GROSSLY been underestimated.
I didn't fucking pass the BAR the three times I sat for it AS I WENT THROUGH LAW SCHOOL WITHOUT READING,HANDED IN PAPERS LATE, AND DOING PROJECTS EXTEMPORANEOUSLY AS I DIDN'T ALWAYS HAVE TIME TO PREPARE AND I STILL SUCEEEDED AND EVEN SHONE IN JESSUP MOOT COURT COMPETITION.
NO LIES EVER TOLD HERE.... only clear SPECULATION Which I LABELED and NAMED AS SUCH
Ever other time I tried to study for the BAR I was either
while caring for other children, without and help as no childcare and hubby traveling for work.
So I might only have ONE REAL WEEK OF STUDY AT HOME WITH CONCENTRATION
but I ALSO was only 20 point SHY
I made it through law school with that pitiful lack of time to really focus FULLY on it all.
I am just NOT THE FLIGHTY CLUELESS GAL that I have been PRUPORTED TO BE.
I AM FUCKING SHARP AND QUICK. I AM PROUD TO BE A FUCKING SMART PERSON. OK, SO SOMETIMES A SMART ASS, AND SOMETIMES I DO FORGET DETAILS... but most often I NEVER LEARNED THEM which is why I can't tell you them.
I realize that I TOTALLY LEARN BY READING. I can listen to tapes and not get it as my mind wanders. But what a wonder it is to actually READ A TEXT !
I may not have understood VA PROCEDURE at all a few weeks ago. I may not have understood EVIDENCE at all even one week ago
BUT I READ it the past few days.
I AM A QUICK LEARNER
AND I GET IT.
THE SORRY REALITY OF MY CASE IS CLEAR TO ME.
AND its really such BULL SHIT
Thinking you can underhandedly WIN A CASE by treating it like a chess game and making PROCEDURAL MOVES and controlling WHAT IS ON THE TRIAL RECORD to have it SO CLEARLY BE A MISREPRESENTATION OF TRUTH
Its that tactic of showing only a PIECE of the puzzle,
but in this case taking the puzzle pieces off the big board and re-framing them on another SMALLER ONE and PRETENDING it is complete
YEs it is good Lawyer from the point of view of being EFFECTIVE.
However, It ALSO NECESSITATED BLINDING ONESELF TO THE TRUTH AND SHUTTING OFF AN EMPATHY SWITCH TO BE ABLE TO SO COLD HEARTEDLY PRESENT SUCH A DISTORTED IMAGE
I wonder at any lawyer who can do that.
Ethics is an obligation of any liscensed lawyer.
SO A GOOD LAWYER?
BEING A GOOD LAWYER DOES EXTEND not only so far as APPLYING LAW, but also TO DOING WHAT YOU KNOW IS MORALLY RIGHT.
Its just AMAZING to me that a really good lawyer can win with a SOLEY PROCEDURAL AND TACTICAL GAME in that fashion.
But NOT AGAINST ME.
My husband fell in love with me as he met his match.
Well Mr. OPPOSING COUNSEL
YOU HAVE MET YOURS
BECAUSE I SEE YOUR GAME OF CHESS, AND WHETHER MY ATTORNEY KNEW IT OR NOT SHE WAS MOVING PIECES SETTING YOU UP FOR YOUR MOVES.
I GET IT.
SO I STOPPED IT.
AND NOW I AM IN THE GAME
BUT FIRST I AM GOING TO PASS THAT DAMN EXAM
BECAUSE IF I NEVER TRY ANOTHER CASE OF DOMESTIC VIOLENCE AS A LAWYER EVER AGAIN, I JUST MIGHT BE HAPPY.
BUT AFTER THIS, I JUST MIGHT NOT BE HAPPY UNLESS I TRY ALOT OF THEM IN THIS JURSIDICTION. SOMEONE HAS TO.
AND IT IS PRETTY DAMN CLEAR TO ME THAT FEW FOLKS HAVE THE INTEREST OR INCLINATION AND ABILITY.
I BELIEVE IF ONE HAS A TALENT AND INSIGHT THAT ENDS UP BEING UNIQUE, ONE THEN HAS AN ETHICAL OBLIGATION TO USE THOSE TALENTS ABILITYS AND OPPORTUNITIES FOR THE GOOD OF OTHERS.
SO AT THIS JUNCTURE I THANK YOU. NOT ONLY FOR HELPING ME LEARN PROCEDURE AND I AM SURE PASSING THE BAR, BUT PERHAPS FOR MOTIVATING A PASSION IN ME FOR JUSTICE WHICH WAS LAYING DORMANT.
I HAVE 21 DAYS to FILE A MOTION TO VACATE JUDEMENT
There are a FEW GROUND for doing so.
I hope to NOT have to do so, but I WILL if NECESSARY. Just add it to my list which includes WRITE AND FILE 10 COPIES OF APPELATE BRIEF
There is one thing that makes me feel most self actualized: Having meaningful enjoyable work which provides a benefit or meets the needs of self or others. I LOVE to research and write! I LOVE to make an impact by doing something well that makes a positive difference in SOMEONE's life.
I am PLEASED to have such an opportunity to use my talents and skills and education toward such a goal at this time.
HEck, its what I felt I had an avocation for since I was 12. Why would I balk when the opportunity arises to be so self actualized?