Thursday, December 15, 2011

Notice to renew/appeal due to failed lawyer???

We went to court the other day in reference to my stepdaughter's child support order. My husband feels that our lawyer clearly screwed up our case by not listening to our needs. He brought a load of evidence (my husband) that should have probably been submitted, but our lawyer complained that it was too much information for the judge that it needed to be a simpler case than a bunch of numbers etc... So we are awaiting a decision in two weeks but my husband is pretty confident that it won't work in our favor and this judgment that she is asking for is an extremely excessive amount such that 1. we won't be able to pay it 2. my husband will basically be paying ALL expenses for his child plus thousands extra for some nice extra cash. His ex does not pay a dime towards his daughter b/c his payments cover everything right now including extra activities, private school etc.... She wants more. It's awful. Is there anything we can do to get this evidence in, reargue, or anything?|||All of this would really depend ont he state you are in. Most courts do not care about "evidence" in child support hearings. They take the numbers in to account and that is pretty much it. They take the Mom's income and the father's income and put it to a formula that is pretty standard for that State. If there are orders to have to pay for extra things like private school or extra curricular activities then those things are extras that the judge may or may not allow. medical and dental expenses are usually addressed as well. The Lawyer is right in that a lot of wordy "evidence" might hurt you more than it would help. Most people paying child support rarely say that they will pay whatever it takes to take good care of their children. Most argue at how much they should not have to pay. This looks sniveling and selfish and very self absorbed. The lawyer is right to tell you to keep it to a minimum becuase it might look like your husband is not interrested in what is best for the child, but what is best for him. If the ruling is not favorable, most states have a time period you must wait to re-visit the subject to try to get it changed. Some make you wait 6-18 months depending on the sate, and in some there has to be a change of financial circumstance. Some it is automatically revisited in 18 months. You should check on that as well. But the real deal is that your lawyer should be trusted to do what you paid him to do. He has done this many times and should have the expertise to get you through this. If not, you can hire someone else in the future. Fair is not always easy. Sometimes what judges rule is not always fair to one paent or the other....they try to see it from the child's point of view and what is for their best interrest. Try not to see this as a punishment, but an opportunity to put that irl first. She needs to be first. GOOD LUCK!

No comments:

Post a Comment