Breach of Contract / Fraud upon the court?! Extortion?! / Racketeering by Exwife and her lawyer?!
Hi all,
I am in New York state. Last year, I filed a child custody violation motion against my ex-wife. She had been acting very maliciously since our divorce, and making my life very difficult, but I didn't mind so much, until she started finding excuses not to give me custody for our child for various silly reasons, just to make me miserable. Let's not even ponder on why someone would want to cause harm to their child in not seeing their father just to get satisfaction.
Anyways, in the interim waiting for pre-trial and trial for the custody violations, I lost my job and wasn't able to pay child support. I was homeless for a period as well.
In any case, the child custody violation had a hearing and then went for a trial date.
We arrived on the trial date, and my ex-wifes lawyer asked the court (and the attorney for child) to ask me if I would be willing to dismiss the case, because it would simply be a matter of money, both for costs to my ex-wife and to alleviate the court of costs and time. I mentioned briefly that in that regard I should receive consideration for the fact that I had recently been able to pay child support, to protect myself and I agreed to dismiss the petition.
My ex-wife and her lawyer then filed for a child support violation the next day. Trial came around for this child support violation, and I still had trouble catching up on my arrears. My court appointed attorney told me I might as well plead guilty because losing my job was not a defence. I pled guilty. The support magistrate did not give a recommendation for sentencing.
When we got to the judge for sentencing, the judge asked my ex-wife's lawyer for what he wished to do, and he asked for the maximum sentence of 6 months in jail, with a 30 day adjournment. This 30 day adjournment is in process as we speak.
I do not understand how this isn't a breach of ethics and fraud upon the court. My court appointed lawyer couldnt care less, but it seems to me that my ex-wife's lawyer is obliged to explain to the court that there has been an implicit agreement for consideration. It seems to me that my ex-wifes lawyer has committed some sort of violation by this extraordinarily evil maneuvering.
Are his actions permissible?