I am a single mom of 4, 1 severly autistic with a feeding tube , Ive been a stay at home mom most of the time as this is what me and my husband agreed to, We got seperated in 2005 but BOTH agreed not to file for divorce so in the end would be considered a LONG TERM marriage, My divorce was just final and I had the worst lawyer EVER, supposed to be considered a 24 year marriage, and he makes 75000 a year, My lawyer now tells me that we have to go back to court AFTER CHILD SUPPORT IS DONE TO GET MORE IN ALIMONY...I am getting $450 a month, WHEN HE TOLD ME THE WHOLE TIME HE WAS GOING FOR THAT A WEEK I find 450 a month is SO UNFAIR and UNHEARD OF , with 4 kids and the fact that I am 50 and am on call all the time for my son who is now 17..If someone could help me I SURE WOULD APPRECIATE A GOOD LAWYERS OPINION, So when I do take this bac to court I get what we deserve...thank you Dawn
The general answer to your question is no. You cannot get your divorce case reopened because you believe your lawyer did not do an adqeuate job for you. Your remedy would be suing your lawyer for malpractice, if in fact, they did not properly represent you. It is impossible to tell from your post without more facts, as to whether there was proper representation or not in your divorce case. A person has the right to petition to reopen a judgment under sec. 806.07 of the Wisconsin statutes. If based on mistake, inadvertence, neglect or fraud, such a motion must be brought within one year of the order or judgment, or the motion would otherwise be barred.
Regarding child support at $450 per month, if your ex husband makes $75,000 gross per year, child support would be 31% of his gross for the four children. That translates into $1,937.50 per month in child support. However, there is a different formula for calculating child support if there is a shared or equal placement arrangement. That formula considers the perecentage of time you both spend with the children (counted as overnights) and how much you both make per month working. Income can be imputed to you if you are a stay at home mom, for purposes of running the support calculation. Since your post doesn't state what the placement arrangements are for your children, I can't tell from the facts whether the child support amount is correct or not.
In regards to spousal support, ordinarily on a long term marriage (generally defined as 20 years or more), the starting point for spousal support is 50% of all of the avaiable net income. First child support would have to be calculated into that formula, and then the maintenance portion determined. You indicate that you are married 24 years, but have been separated by choice or design for the last 11 years. The court can consider that as a factor in determining whether you should have been awarded spousal support or not. The court would consider how you both were able to support yourself during the last 11 years. Did he pay you support of any kind or did you both live on your own and take care of your own financial needs? That would be a factor as well.
Your post also doesn't indicate whether you reached an agreement that was approved in court or whether the case went to trial and the court made orders on custody, placement, child support and maintenance. It may be helpful to you to sit down with an experienced divorce lawyer and let them review your case and file materials to determine if in their opinion either your attorney did something wrong in your representation or if there is anyting legally now that you can do about it. If the case went to trial, you also have the right to appeal the decision. You have 90 days to appeal, or 45 days if proper notice of the shortened appeal time is given to you formally.
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