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#198002 - 06/15/08 07:08 AM Judge's Obligations
poodlepee Offline
New User

Registered: 06/15/08
Posts: 3
The judge in my case just reversed a commissioner's ruling that my Ex's poodles must be caged when no one is in the residence. Her poodles are urinating in the house. When presented with evidence the judge ruled he is not responsible for "unlearning" the behavior of the dogs. I do not live in the house and I am required to make the mortgage payment, maintenance and child support payments.

Is the judge violating any of my constitutional rights? What options do I have? My "former" attorney left court with his mouth wide open not believing in the judges rulings. There are several more issues that need attention, but this one is the most questionable.

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#198013 - 06/15/08 10:40 AM Re: Judge's Obligations [Re: poodlepee]
finallydone Offline
Expert
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Registered: 01/07/07
Posts: 928
The child support payments have nothing to do with the dogs. I am assuming the maintenance you are referring to is spousal support? Are you still on the mortgage of the house or just required to make the payments as part of your settlement?

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#198014 - 06/15/08 11:13 AM Re: Judge's Obligations [Re: finallydone]
poodlepee Offline
New User

Registered: 06/15/08
Posts: 3
The mortgage is in my name only. There is nothing in the divorce documents awarding her occupancy of the house, but the judge will not let me move back in. Her animals are ruining my house (including some other major issues) and the judge reversed the order to have them caged when no one is home. Yes the maintenance is SS. I had the entire house repainted in May at my cost. The judge ruled that the repainting cost was my portion of the house maintenance. As I said there are more issues than I can list. He is the judge, the jury and the dictator. There is very little I can do. This is why I am asking for help.

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#198016 - 06/15/08 11:52 AM Re: Judge's Obligations [Re: poodlepee]
finallydone Offline
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Registered: 01/07/07
Posts: 928
I guess I don't understand how if the divorce is final, she wasn't awarded the house and you are the sole mortgage holder she is still in the house. Can you not evict her? Is her name on the title to the property?

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#198019 - 06/15/08 12:58 PM Re: Judge's Obligations [Re: finallydone]
poodlepee Offline
New User

Registered: 06/15/08
Posts: 3
I've been divorced for 14 months. The title is in both our names. She had a credit problem when I refinanced 5 years ago. She could not be on the mortgage. The mortgage is just in my name. I moved out before the divorce because the police begged me to leave. I had to call them every few weeks to correct her behavior and the police pleaded with me to move before she killed me.

At the divorce hearing, she was required to work with me and a realtor to sell the house. It has been on the market for 1 year. The price has been reduced by $65,000 during this time. She has two poodles that can't be left alone more than a few hours or they urinate in the house. She now has a 40 hour a week job. The dogs are urinating in MY house. When I filed a motion for this behavior (and other issues) to be stopped it was granted (dogs must be caged when no one is home) as well as several other issues by a court commissioner.


My Ex filed an appeal and the judge overruled the commissioner. The judge reversed all the commissioner's orders. When I protested about the dog urine the judge told me and my attorney he is not responsible to "unlearn" the dogs behavior. This is a 2800 SQ foot home in an upscale sub division. All the judge told us afterwards was we need to get the house sold. He will not listen to any more of my protests.

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#198020 - 06/15/08 01:05 PM Re: Judge's Obligations [Re: poodlepee]
justche Offline
Expert
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Registered: 07/13/05
Posts: 810
I'd appeal the decision - and possibly find a motion to move it back to the commissioner or another judge.

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#198098 - 06/16/08 11:17 AM Re: Judge's Obligations [Re: justche]
rdmiller3 Offline
Enthusiast
**

Registered: 01/08/08
Posts: 332
Loc: Wisconsin, US
So apparently your divorce ordered the house to be sold and the money divided. (I'm guessing.)

Sticky, sticky, sticky... You can't accuse her of destroying "your" property because it's still in both names so technically it's hers too.

But do you have to wait for her to sell? Maybe not! In most states (not sure about WI), only ONE owner signature is required to sell a property.

If she's continually destroying the house, maybe you could cut your losses by finding someone who was interested in the house and bargaining with them yourself. If Wisconsin allows a single owner to sign for the sale, then you can SELL THE HOUSE RIGHT OUT FROM UNDER HER.

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#209257 - 12/07/08 10:45 PM Re: Judge's Obligations [Re: rdmiller3]
julieme Offline
Member

Registered: 09/14/08
Posts: 21
Loc: midwest
what about the health aspects and the sanitary factors for the kids???

Then there is the psychological. Kids can be cruel and what do you think their friends will start calling them if the whole house smells of pee.

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