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Errors and Omissions

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vinmoto

Junior Member
I live in Iowa. My child's mother has primary physical custody. I exercise visitation every other weekend, a wednesday overnight, and have holiday and summer visitation.

Approximately two years ago I moved within the state to accept a better paying job and live closer to my child. When I moved I petitioned the courts for a mid-week overnight visitation which pushed my overnight visitations up over 128 (the requisite number to obtain an extraordinary visitation credit). The courts awarded the mid-week visit and actually gave me additional time in the summer as well. My attorney filed for the extraordinary visitation credit which was awarded by the courts and I benefited from a reduction in child support that amounted to about $100 a month.

This arrangement existed for about two years before the child's mother and I discussed modifying the summer visitation agreement. We discussed splitting the summer 50/50 (it was previously about 75/25 in my favor). Prior to petitioning the court to make the change, I sought advice from my attorney. I specifically asked her if such a change would result in losing enough days that I might lose the extraordinary visitation credit. My attorney's advice was an unequivocal "no". She advised that I would not sacrifice enough days to lose the extraordinary visitation credit. We drafted up an agreement to make the change and the courts granted a change to the custody and visitation decree. Thereafter, I was informed by the attorney of my child's mother that I no longer had enough overnights to benefit from the extraordinary visitation credit. They petitioned the courts to remove the credit and the court ruled in her favor. I've spent approximately $4,500 in fees to my attorney and the court defending the credit. I'll also be paying the increased support for the next five years which amounts to approximately $6,000.

In short, I asked my attorney specifically about the extraordinary visitation credit when I sought legal advice on this matter. She advised I would not lose the credit; however, it has since become apparent that she did not attempt to tabulate the days before advising me on the matter. Now I find myself at a $10,000 loss because of her "error".

My question... I'm not suggesting this fits the definition of "malpractice" but I'm certainly wondering if I have any channels to pursue relief based upon errors and omissions.

I realize the above is short on detail. I didn't want to bog down the reader. If more detail is needed, please advise. Thank you.What is the name of your state (only U.S. law)?
 



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