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Posted by: heatherfeather ® 12/12/2002, 09:52:21 Author Profile Mail author |
Hi, I know that I am pretty new here and I don't know any of you, but I guess I am here because I need some help right now, even if it is just to vent. I am dealing with problems with my ex husband, who is going to great lengths to upset my life right now because I put him on a government program that we have here FMEP to deal with parents who don't pay their child support. Yesterday I had to go to court, and becuase of lack of funds I had to represent myself. In my opinion things didn't go as well for me as they should have because, I could only stammer out a few words here and there. I am so frustrated that i don't think I have stopped crying except for the few hours that I fell asleep last night. I was a nurse for 13 years, and after I couldnt continue with that profession I put all of myself into raising my 4 children, the only thing that I have any pride in myself for anymore, and I sat at court and listened to him lie about the way I treat my children all because he is angry about paying child support...all I could do was shaky headedly say it wasn't true...I don't think the judge even beleived me, which really frustrates me. now this whole court process is going to be drawn out, the children interveiwed etc. I know that i have the truth on my side, but I feel like I was not beleived and I think I wasn't beleieved because of my voice and head tremor. Well thanks for listening, Im not very good at asking for help, I guess I am stubborn, but if anyone would like to write to me I would really like that, I am usually "the listener" and I know when life is a little more sane I can be a shoulder for you also. --modified by heatherfeather at Thu, Dec 12, 2002, 09:54:52 --modified by heatherfeather at Thu, Dec 12, 2002, 09:56:10 |
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Posted by: Silta Jaatinen ® 12/12/2002, 13:08:17 Author Profile Mail author |
Hi, for your worry about not being believed because of your voice, I can assure you that is not the case. As for someone in the legal profession as myself, I have great respect for the judges intelligence. When the facts are in your favour you should have no reason to worry. I do not know if you informed the judge about your condition concerning your voice. If not I don't blame you, the opposite, but if you did that would be in your favour. But as I wrote earlier the facts are what the verdict is based upon. If the court procedings and the rule of law would simply be based in appearance of the opposing parties and not about the truth and facts we would call it a Miss Universe competition. Since we do not call it that, we base it on the law, truth and the facts. The personal appearance of the parties is totally irrelavant. It would be different if you or the other party would have been causing disturbance, like being drunk or on drugs. As for a starting point my personal experience is that at least in Finland the court is almost always on the side of the mother, especially with questions of child support. I have no reason to think this would not apply in the US too. As I understood it your case was about child support. Unfortunately I am not familiar with the common law in general or the american law in specific. I just wondered why are your children being interview if the custody is not the legal question here, but the father's failure the live up to his financial responsibilities. Seems strange to me. I would hope you could get some kind of legal support with this. And remember everything is not about your voice or apperance in general. Child support has nothing to do with such things. Best regards by a supporter from the other side of the Atlantic, Silta |
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Posted by: Sherry Overholt ® 12/13/2002, 11:10:41 Author Profile Mail author |
Stilta, I agree that it would be a good idea to let the judge or who ever it is that you are speaking to that you have a voice disorder. In my history, people instantly become more understanding when you bring your disorder out in the open. It always eased me after bringing it out in the open, letting me say what I had to say. As for the court system, I do not feel that appearance has little to do with the outcome. It should not have anything whatsoever to do with your voice or appearance, but sadly it does and so do many other factors, such as the prosecutor and the judge. Medina, Ohio is noted for having an extremely tough prosecutor that will go to any length to get what they want--a win--guilty or innocent, it does not matter. I have found the legal system is not always fair and truthful and when I was on the stand as a witness, I was torn apart and it was because of how I sounded. Even if you are not nervous (and who would not be in court), SD can suggest a negative appearance. I too hope that heatherfeather can get some good legal support. Believe in yourself and don't give up. Good luck! |
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Posted by: Linda S. Adamson ® 12/12/2002, 21:23:06 Author Profile Mail author |
Bless your heart, Heather, please hold onto what you know to be the truth and trust that you will pull through. I wonder if you could get the information about your disorder to the judge, as so many of us have to do in various ways when we are speaking with audiences who don't know us (I often will say to please let me know if I am a little difficult to understand because I have a voice disorder; I'll be glad to repeat anything you have a hard time hearing). Do you have a lawyer helping you? I've had to deal with an ex-husband over child support issues, but my situation wasn't as negative as yours sounds. We're pulling for you. all my best, Linda AB, Annapolis MD |
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Posted by: Judy Yielder ® 12/13/2002, 02:19:18 Author Profile Mail author |
Heather, what a horrible experience you went through at that court hearing! Like Silta, I am from the other side of the Atlantic (England) and not familiar with all the procedures of your courts. But the business of not being able to afford legal representation happens here too - in theory people shouldn't be disadvantaged becasue of that but theory and practice don't always match up, do they? I wonder if there is any way you could get some support from an advocate (a volunteer sort of advocate, I mean, not a legal type) rather than have to keep going into court completely unsupported? I can identify with what you say about not being very good at asking for help (I'm the same) but maybe it is worth exploring that possiblity? Or could you ask the court, in writing if necessary, for allowance to be made for your voice disorder, ask for a microphone if that would help, or to be allowed to respond in writing or something like that? I do think it might help for you to be up-front about your voice disorder, if only to make it clear that the wobbles in your voice are not due to stress. You are a strong woman to have done what you have with your kids, unfortunately because you have got SD you sound like the exact opposite! If none of this appeals to you, then just remember, the next time you are in this court, that lots of people from the SD bulletin board are there with you, in spirit at least! Judy
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Posted by: Larry Becnel ® 12/14/2002, 14:06:10 Author Profile Mail author |
First, Heather, I salute you for your courage and your dedication to your children. They are so fortunate to have you. I agree with the suggestions that you seek out an advocate to accompany you next time you have a court appearance. I would encourage you to try to find an attorney who will take your case on a pro bono (no fee) basis. You might start by contacting the local bar association. Many attorneys consider it a professional obligation to contribute a portion of their time, without cost, to those in need of legal assistance. If you can't find someone (start with an internet search, perhaps), email me and and I'll do my best to help you locate someone. I wish you well. Larry ADSD, New Orleans |
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Posted by: heatherfeather ® 12/16/2002, 09:07:22 Author Profile Mail author |
Thanks for answering my post, I am almost embarrassed for being such a cry baby...I have approached all of the agencies in my area for legal assistance ,we have a legal aid program but you have to be beyond broke to receive their assistance. We also have a program here called The Family Justice Center, which have court counsellors and provide 1 1\2 hours for free with one of their lawyers, but these lawyers only advise, they don't attend court. Our legal aid program here has been cut back, just like everything else....British Columbia is a beautiful safe place to live but our government is useless!! On the good side, my boyfriend (the sweetheart) is going to cash in an RRSP ( equivalent to a 401 K I beleive in the US ) so that I can obtain a lawyer. I had a good lawyer the last time that I had to deal with his BS and she is aware of the history, so I am feeling much better...thank you all !
--modified by heatherfeather at Mon, Dec 16, 2002, 09:14:00 |
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Posted by: Gary Lea ® 12/22/2002, 16:40:10 Author Profile Mail author |
Heather- Where are you in BC? I'm in Kelowna and I do a lot of Court work as a psychologist. Email me at glea@shaw.ca if you want more local support and I can give you my phone number. When I go to Court I simply tell the Judge that I have a voice disorder which makes me sound nervous or strained when I'm not. I've found Judges to be very understanding and patient so long as they know what is going on. Gary Lea --modified by Moderator-LP at Mon, Dec 23, 2002, 01:27:13 |
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