Non-custodial parent financial obligation for lawyer fees

[BrianB]

What is the name of your state? CA.

I have 50% legal and 0% physical custody of my 14 yo son. He has been charged with two fellonies in the city where he lives with his mother. She/He does not qualify for a public defender and told me that I have to pay for half of the attorney fees. Am I legally obligated to pay?

 

[Ohiogal]

What is the name of your state? CA.

I have 50% legal and 0% physical custody of my 14 yo son. He has been charged with two fellonies in the city where he lives with his mother. She/He does not qualify for a public defender and told me that I have to pay for half of the attorney fees. Am I legally obligated to pay?

You are kidding right? Legally you can most likely be forced to pay thme.

 

[BrianB]

Please don't presume to know the details of my situation or question the love for my child based on my question. I am asking for legal advice not moral advice. I need to know my legal obligation so that I know where I stand. If anyone has any information it would be appreciated.

 

[Silverplum]

Please don't presume to know the details of my situation or question the love for my child based on my question. I am asking for legal advice not moral advice. I need to know my legal obligation so that I know where I stand. If anyone has any information it would be appreciated.

You received valid legal info from a family law attorney.

You are confusing her "signature" lines with her actual post to you. See my signature at the bottom of my post here? It's not directed at you, either.

 

[Zigner]

Please don't presume to know the details of my situation or question the love for my child based on my question. I am asking for legal advice not moral advice. I need to know my legal obligation so that I know where I stand. If anyone has any information it would be appreciated.

Don't piss off the attorney who is giving you FREE advice.

The answer is YES - you may very well be obligated to pay for it. What would make you think otherwise?

 

[CdwJava]

I have 50% legal and 0% physical custody of my 14 yo son. He has been charged with two fellonies in the city where he lives with his mother. She/He does not qualify for a public defender and told me that I have to pay for half of the attorney fees. Am I legally obligated to pay?

Since you have "50% legal" responsibility for your child, it is logical to assume that you also have 50% legal responsibility for the legal bills.

- Carl

 

[BrianB]

"You are kidding, right?" is neither professional or a good intentioned way to start a conversation. I am obviously serious since I have taken the time to post my question. I really do need to know where I stand. I am willing to do what I can but I am in no way near the best financial position to come up with a large sum of money on a short notice. If I am not financially obligated, this gives me more time to make arrangements to help in whatever way that I can. I think that it is wise for me to know my legal obligations sepperate from what my intentions are. am I missing something here?

 

[Silverplum]

"You are kidding, right?" is neither professional or a good intentioned way to start a conversation. I am obviously serious since I have taken the time to post my question. I really do need to know where I stand. I am willing to do what I can but I am in no way near the best financial position to come up with a large sum of money on a short notice. If I am not financially obligated, this gives me more time to make arrangements to help in whatever way that I can. I think that it is wise for me to know my legal obligations sepperate from what my intentions are. am I missing something here?

Now you know.

 

[BrianB]

Thank you all for your comments. I have 50% legal rights. These are my rights, not my obligations. This means that I have a say in my child's education, health, religion, etc... My financial obligations are laid out in my child support agreement which obligates me to pay a sum of money for my child's living finances such as health care, food, clothing, a roof over his head. I can't even pick up my son at school because he is not in my charge. I suppose that I will just do what I can and leave the rest to God and the legal system. Thanks again.

 

[Zigner]

"You are kidding, right?" is neither professional or a good intentioned way to start a conversation.

However, anyone with an average skull thickness would realize that, when a FAMILY LAW ATTORNEY starts out with that statement, your case isn't so good.

 

[Silverplum]

However, anyone with an average skull thickness would realize that, when a FAMILY LAW ATTORNEY starts out with that statement, your case isn't so good.

And, when one is NOT PAYING for the advice, I don't think one has the RIGHT to DEMAND that the *tone* be exactly to his liking.

 

[BrianB]

Thank you. I am only one of thousands of people who go through this type of thing every day. I can understand how people who deal with this on a daily basis can become jaded and therefore have a diminished ability to humanize the situation and understand that there has been a long road of pain on all sides of this issue that have lead to this point. I don't know what "you are kidding, right?" means in lawyer lingo. But it is insulting in any regard. I know that it's not your money, so why be serious? I can't even afford to sit next to y'all at the bar, right? I know that. Do you feel more important now? Thanks for confirming that sometimes that which is free can cost more than that which is paid for. Ther's a word for people who think that thier station puts them above simple human decency... but I was sick that day in school. Hope you've been entertained... it was free.

 

[CdwJava]

Half of the legal rights will generally include half of the legal obligations.

Have you had to pay for medical bills? Insurance? Any other expenses for the child? If so, expect to be hit for this as well.

But, you are free to decline to pay for your child's attorney bill and see whether or not the court will order it.

- Carl

 

[BrianB]

Carl,

Thank you for your consideration. I have not been made to pay for any other expenses beyong the $1,000 I pay in child support monthly and there have been some medical expenses. I know that this will probably be a large sum and I am not trying to avoid responsibility, I just wanted to know what kind of time frame I have to work it with. I will just pay what I can up front and leave the legalities in the hands of my ex-wife. She is demanding half, up front, which I simply am unable to do. It was not my intention to become defensive, and I apologize, however, my question was serious, and "you are kidding, right?", is how I've been treated through this whole ordeal. I do apreciate the advice and that it is being given without charge. Thank You Sir.

 

[Ohiogal]

Simple human decency apparently doesn't mean putting your son above your pocketbook now does it? Since that seems to be your definition, I think I will hang with mine. Which is legal advice with no sugarcoating and no BS. However if you want sugar, i am sure OhSweetness will stop by sooner or later to tell you how horrible she feels regarding your situation and that people just need to be nice and play nice.

Speaking of which, if you want us to play nice, expect at least that from your son. And apparently you didn't teach him that or he wouldn't be in trouble with the law.