Vote4Pedro
Member
What is the name of your state? Illinois.
I recently filed for child support for my son.
My lawyer had given me advice (verbal and in writing) for months that college costs should be part of any agreement I signed. I held out for 10 months on signing the agreement because the father wouldn't agree to put college costs in it and wanted to "reserve" the issue. Because my attorney advised that we keep college IN the agreement (refering to section 513), I ended up paying in excess of $6000. After 10 months, however, the attorney turned around and told me that I could go ahead and sign the agreement WITHOUT the college issue. I believe he put that in writing as well.
Now, I have tried to get a small credit to my account because of what I think was conflicting advice that cost me thousands of dollars in fees. I told him that I would have signed the agreement long ago (as college was the only remaining issue) if he'd given me the go-ahead to sign without college, and that my holding out upon his advice cost me a lot of money. (I have paid most of my bill).
My attorney wrote me and stated that he will not give me a credit because he's always believed that college should have been part of the agreement. He just realized that if we'd held out for college, we would have had to go to court (which would have been okay with me). He still believes that the father will say he didn't agree to reserve or pay for college and that it will be difficult for me to get college costs because of it.
My question is, if he still believes that I shouldn't have signed an agreement without college covered in it; why would he advise me to go ahead and sign it? Do I have any recourse here? Shouldn't he have advised me to go to court? I got a pittance for retroactive child support (it could have been more than $150,000 per Illinois law based on father's income and I received less than $20,000 - which won't even begin to pay for 4 years of college), and had to pay for my own attorney's fees that I couldn't afford because the lawyer never filed for attorney's fees - he kept saying that the case was almost over and it wouldn't cost much more.
Do I have a case to not pay the remainder of my bill? Has anyone ever gone head to head with their attorney? I don't want to be a jerk, but I do feel like I got a raw deal and very bad advice.
Thanks,
HT
I recently filed for child support for my son.
My lawyer had given me advice (verbal and in writing) for months that college costs should be part of any agreement I signed. I held out for 10 months on signing the agreement because the father wouldn't agree to put college costs in it and wanted to "reserve" the issue. Because my attorney advised that we keep college IN the agreement (refering to section 513), I ended up paying in excess of $6000. After 10 months, however, the attorney turned around and told me that I could go ahead and sign the agreement WITHOUT the college issue. I believe he put that in writing as well.
Now, I have tried to get a small credit to my account because of what I think was conflicting advice that cost me thousands of dollars in fees. I told him that I would have signed the agreement long ago (as college was the only remaining issue) if he'd given me the go-ahead to sign without college, and that my holding out upon his advice cost me a lot of money. (I have paid most of my bill).
My attorney wrote me and stated that he will not give me a credit because he's always believed that college should have been part of the agreement. He just realized that if we'd held out for college, we would have had to go to court (which would have been okay with me). He still believes that the father will say he didn't agree to reserve or pay for college and that it will be difficult for me to get college costs because of it.
My question is, if he still believes that I shouldn't have signed an agreement without college covered in it; why would he advise me to go ahead and sign it? Do I have any recourse here? Shouldn't he have advised me to go to court? I got a pittance for retroactive child support (it could have been more than $150,000 per Illinois law based on father's income and I received less than $20,000 - which won't even begin to pay for 4 years of college), and had to pay for my own attorney's fees that I couldn't afford because the lawyer never filed for attorney's fees - he kept saying that the case was almost over and it wouldn't cost much more.
Do I have a case to not pay the remainder of my bill? Has anyone ever gone head to head with their attorney? I don't want to be a jerk, but I do feel like I got a raw deal and very bad advice.
Thanks,
HT