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  #1  
Old 01-05-2006, 05:31 PM
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Join Date: Sep 2004
Posts: 4

Lawyer will not talk to me


What is the name of your state? CA

I am stationed overseas in Germany. I hired a lawyer 5 months ago for a child support modification hearing. My ex will not let me see my kids because by doing so she gets more money. My ex thinks that because she lives in california they will award her 40% of my check because I don't get to see the kids. She doesn't let me. I have the e-mails to prove it. Since hiring my lawyer he has only spoken once or twice to me about the case. I have told him numerous times to keep me informed. He told me he would and we could have all this settled in a couple of months. About three month in I start to press for details about how the case is going. Nothing had been done at that point. So I tell him to get on the ball and do what I paid him to do. Well, after that all contact seemed to gradually end. This last month I have e-mailed him and called his office almost everyday and cannot get of hold of him. Once in awhile I get his secretary but she never has any info. I feel like my lawyer just took my money and left me high and dry. I still have to go to the hearing. But without no lawyer I'm pretty sure I will be railroaded. By the way I have never, ever been late paying my child support, or missed any payments.
  #2  
Old 01-05-2006, 05:33 PM
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Join Date: Aug 2005
Location: St. Odo of Cluny Parish
Posts: 29,043
Quote:
Originally Posted by peno
What is the name of your state? CA

I am stationed overseas in Germany. I hired a lawyer 5 months ago for a child support modification hearing. My ex will not let me see my kids because by doing so she gets more money. My ex thinks that because she lives in california they will award her 40% of my check because I don't get to see the kids. She doesn't let me. I have the e-mails to prove it. Since hiring my lawyer he has only spoken once or twice to me about the case. I have told him numerous times to keep me informed. He told me he would and we could have all this settled in a couple of months. About three month in I start to press for details about how the case is going. Nothing had been done at that point. So I tell him to get on the ball and do what I paid him to do. Well, after that all contact seemed to gradually end. This last month I have e-mailed him and called his office almost everyday and cannot get of hold of him. Once in awhile I get his secretary but she never has any info. I feel like my lawyer just took my money and left me high and dry. I still have to go to the hearing. But without no lawyer I'm pretty sure I will be railroaded. By the way I have never, ever been late paying my child support, or missed any payments.

Fire the bum and contact these people:

[url]http://calbar.ca.gov/state/calbar/calbar_generic.jsp?cid=10179[/url]
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  #3  
Old 01-05-2006, 06:34 PM
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Join Date: Sep 2004
Posts: 4
When I fire the lawyer I will not only lose the representation but also the retainer fee. What do I do then?
  #4  
Old 01-05-2006, 06:38 PM
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Join Date: Aug 2005
Location: St. Odo of Cluny Parish
Posts: 29,043
Quote:
Originally Posted by peno
When I fire the lawyer I will not only lose the representation but also the retainer fee. What do I do then?
Negotiate.

I leave the details to your imagination.
__________________
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  #5  
Old 01-06-2006, 12:00 PM
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Are you in the military? If so, you may want to contact a military lawyer to help you. That's part of what they are there for.
  #6  
Old 01-06-2006, 08:48 PM
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Join Date: Oct 2001
Location: california
Posts: 7,789
next time you call your attorney's offic set an appointment to speak with him. That way he has no excuse to avoid you.
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  #7  
Old 01-06-2006, 11:34 PM
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Join Date: Jun 2005
Posts: 2,425
Even if you are going to proceed with an attorney, you will be a parent for a long time and it helps to understand the process.

Check out the self-help books available in CA.

If nothing else, you would have reasonable expectations re lawyer & parenting plans.
It's hard to fashion visitation overseas.

What did you ask the atty to file ? ? Contempt of Court Order (the visitation) and/or mod of c/s ?

Child support is formulaic: mosr courts use "Dissomaster", most county child support attys use "Support Tax". Did your atty run the guideline support figures for you (best & worst case scenario) ?

You, and the Mom may be able to file a stipulation (written parenting plan agreement) without a court 'hearing'.

Don't be surprised if you file, and your child support increases.

As you will probably be sharing grandchildren with this woman, try to get along with her & put your unspent future atty fees into a college fund for kiddie.

Check out Nolo Press's pubs. Good luck.

PS: If you do go to court, wear your uniform. It can backfire, as it's a red flag that you (prob)have to move with your job/assignments & Mom & kids don't have to follow you around.
You could marry Mom again.
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