can i sue my ex wifes lawyer?

[greggsteven]

What is the name of your state (only U.S. law)? Texas

i went through a divorce 1 1/2 year ago. I signed papers uncontested even though i didnt want to. long story. My ex wife had an attorney and convinced me not to get one. long story too. anyway, i am self employed and my small business was losing money due to the collapsing economy, one of the reasons she wanted me to leave. anyway, her lawyer based my child support on my gross business sales not my net earnings. I was losing money and not even taking a paycheck. I really didnt find this out till after the fact and i did go see a lawyer after it was final. the lawyer i saw said i really got screwed. As a result of this i am now flat broke, liens are on my retirement accounts etc to pay back CS that i couldnt afford to pay. Wiped out all my savings to pay the child support. I have always paid what i could. We have a new court hearing in June to review my child support. Question, can i sue her attorney for not following Texas CS guidlines and damaging me financially? She just pulled a number out of her rear because she knew i was not represented and she was not negotiating against any other lawyer. I only have a HS education and had no idea what i signed. Yes i was very naive and stupid. Does her lawyer have a legal obligation to follow some sort of legal standard or can she do whatever she wants if i signed the papers? How can i get my money back from this crooked attorney and punish her leaglly so she wont do it to someone else like me? Is the decree still valid if it contains fraudulent intent? Thanks What is the name of your state (only U.S. law)? Texas

 

[Zigner]

You have no case against the other attorney. You DO have a case against the person that represented you...

What is the name of your state (only U.S. law)? Texas

i went through a divorce 1 1/2 year ago. I signed papers uncontested even though i didnt want to. long story. My ex wife had an attorney and convinced me not to get one. long story too. anyway, i am self employed and my small business was losing money due to the collapsing economy, one of the reasons she wanted me to leave. anyway, her lawyer based my child support on my gross business sales not my net earnings. I was losing money and not even taking a paycheck. I really didnt find this out till after the fact and i did go see a lawyer after it was final. the lawyer i saw said i really got screwed. As a result of this i am now flat broke, liens are on my retirement accounts etc to pay back CS that i couldnt afford to pay. Wiped out all my savings to pay the child support. I have always paid what i could. We have a new court hearing in June to review my child support. Question, can i sue her attorney for not following Texas CS guidlines and damaging me financially? She just pulled a number out of her rear because she knew i was not represented and she was not negotiating against any other lawyer. I only have a HS education and had no idea what i signed. Yes i was very naive and stupid. Does her lawyer have a legal obligation to follow some sort of legal standard or can she do whatever she wants if i signed the papers? How can i get my money back from this crooked attorney and punish her leaglly so she wont do it to someone else like me? Is the decree still valid if it contains fraudulent intent? Thanks What is the name of your state (only U.S. law)? Texas

 

[CSO286]

HER lawyer is not YOUR advocate.

You allowed yourself to get screwed here, OP.

 

[CSO286]

You DO have a case against the person that represented you...

Zig, you rock.

 

[greggsteven]

i had no representation. My bad. however, if the judge finds she did not follow the guidelines for determining child support what will happen? you cant just make up numbers and railroad someone because they are stupid or can you?

 

[Zigner]

i had no representation. My bad. however, if the judge finds she did not follow the guidelines for determining child support what will happen? you cant just make up numbers and railroad someone because they are stupid or can you?

You were representing yourself.

You had every opportunity to review the information that you agreed to.

 

[Isis1]

i had no representation. My bad. however, if the judge finds she did not follow the guidelines for determining child support what will happen? you cant just make up numbers and railroad someone because they are stupid or can you?

it was your choice to sign the order. you could have contested. but you didn't. the judge will see nothing wrong in your prior agreement. new calculations can be done according to your new income status.

 

[CSO286]

i had no representation. My bad. however, if the judge finds she did not follow the guidelines for determining child support what will happen? you cant just make up numbers and railroad someone because they are stupid or can you?

No one is required to follow the guidelines when ordering child support--except the CSED when making recommendations. The judicial officer can deviate up ro down, and the parties can agree on different amounts......

 

[Silverplum]

i had no representation. My bad.

Yep.

however, if the judge finds she did not follow the guidelines for determining child support what will happen?

What judge? The one who will grant your downward modification of child support? A criminal judge?

you cant just make up numbers and railroad someone because they are stupid or can you?

Yes, you can.

 

[Antigone*]

i had no representation. My bad. however, if the judge finds she did not follow the guidelines for determining child support what will happen? you cant just make up numbers and railroad someone because they are stupid or can you?

You shouldn't have been that stupid.

 

[greggsteven]

thanks. If i draw up a legal contract to shoot someone and they agree to sign it and i shoot them, am i legally protected against any charges? they were stupid enough to sign the papers. Is this not the same principle?

i signed the papers because i thought the lawyer followed some guidelines that were set by the state. I later found out that she made them up.

 

[Silverplum]

thanks. If i draw up a legal contract to shoot someone and they agree to sign it and i shoot them, am i legally protected against any charges? they were stupid enough to sign the papers. Is this not the same principle?

Don't play in that dirty pond. You have no idea what's lurking at the bottom.

i signed the papers because i thought the lawyer followed some guidelines that were set by the state. I later found out that she made them up.

It's your job to double-check. It's the opposing attorney's job to get the best deal possible.

Let it go.

Google a CS calculator for your state. Run the numbers. If they're favorable to you, request a CS review. Simple fix.

 

[Zigner]

thanks. If i draw up a legal contract to shoot someone and they agree to sign it and i shoot them, am i legally protected against any charges? they were stupid enough to sign the papers. Is this not the same principle?

No, not the same at all One cannot contract to make the illegal legal.

i signed the papers because i thought the lawyer followed some guidelines that were set by the state. I later found out that she made them up.

You AGREED to it. There is nothing illegal about presenting a document and asking for you to sign it if you agree to it.

 

[Isis1]

thanks. If i draw up a legal contract to shoot someone and they agree to sign it and i shoot them, am i legally protected against any charges? they were stupid enough to sign the papers. Is this not the same principle?

i signed the papers because i thought the lawyer followed some guidelines that were set by the state. I later found out that she made them up.

oddly enough. i know the answer to this. no. because that contract is with a person who does not have the power to press charges. the District Attorney presses charges. the police file a report. the person you shot has no say so in whether you are charged criminally.

now...the state guidelines are public information. you could have easily googled the information and ran a calculator. they have those online too. and since i've been posting links to state calculators for almost 5 years....i know they were available when you were divorcing.

 

[Isis1]

and just for good measure....Texas Child Support Calculator - AllLaw.com