I live in the state of Ohio. I am currently in a divorce proceeding going on 20 months. I had to relieve my counsel due to unethical acts on their part. (communications with parties I was not aware of seeking things not in my best interest as well as an inability to reconcile funds in a trust)
My husband and his attorney are pushing me to accept a settlement of close to nothing, and I have refused.
My husbands attorney went to the judge exparte, and got my support stopped. I do not see any grounds for it to be stopped, it is sort of thrown in as the last sentence in a motion. I was not notified by the courts or his attorney that this was filed.
I went to see the judge yesterday to file my own exparte motion to get it reinstated. He refused to see me.
I am confused how my husbands attorney can do this...
1 Answer from Attorneys
In Ohio, ex parte communication with the judge is not allowed except in certain enumerated (usually emergency or highly temporary circumstances a short time after which a full blown hearing is held on the issue).
What may have happened was that there was a hearing that perhaps you were not told about (perhaps the notice of it went to your former attorney's office and he/she assumed that you were sent a notice of that hearing as well) and when no one showed up for the hearing from your side, the judge granted them what they wanted. That is just a theory on my part though.
You should pick up a new attorney as soon as possible to protect your rights in this matter.