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Hire atty after motion filed?

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2

2Mistakes

Senior Member
What is the name of your state (only U.S. law)? MS

I've drawn up a motion for contempt and modification of child support. (And it's a masterpiece if I do say so myself.)

I plan to file it on Monday and send it to a process server where ex lives, 8 hours away.

My question is, can I file myself and get the ball rolling and then just hire an attorney to go to court with me for the hearing?

I'm afraid that I would screw up in the courtroom, so I would like to have an attorney do the talking for me. Is it possible to do it this way?

Thanks!
 


TheGeekess

TheGeekess

Keeper of the Kraken
2Mistakes said:
What is the name of your state (only U.S. law)? MS

I've drawn up a motion for contempt and modification of child support. (And it's a masterpiece if I do say so myself.)

I plan to file it on Monday and send it to a process server where ex lives, 8 hours away.

My question is, can I file myself and get the ball rolling and then just hire an attorney to go to court with me for the hearing?

I'm afraid that I would screw up in the courtroom, so I would like to have an attorney do the talking for me. Is it possible to do it this way?

Thanks!
Click to expand...
Best advice I can give you is to call the local you're thinking about using and ask him/her. (But I don't see why they'd object to taking your money in any case.) :)
 
2

2Mistakes

Senior Member
TheGeekess said:
Best advice I can give you is to call the local you're thinking about using and ask him/her. (But I don't see why they'd object to taking your money in any case.) :)
Click to expand...
Not sure who I want to use yet, but I reckon I should figure it out. :)

I'm asking for the following in my motion and would like opinions on if they seem reasonable:
1. Contempt for the several thousand $$ she owes in arrears
2. Her to pay my attorney fees for this.
3. Modify child support (last calculated in 2009 based on income of $48k/year. Her income has increased to roughly $84k/year.
4. Modify judgment that if she owes arrears as of 12/31 each year, I get to claim all 3 kids on taxes for that tax year, beginning with 2011 tax year.
5. Modify judgment to change which kids we each claim on taxes. Currently, I claim the oldest (17) every year, she claims middle child (14) every year, and we rotate youngest child (7) each year. Now that oldest is 17, she doesn't qualify for the child tax credit or additional child tax credit. But the child she claims does, however the kids live with me, so she can't get those tax credits for them (unless she lies and says they live with her, which I think she's done in the past.)

Those are the things I'm asking for. Opinions?
 
M

mistoffolees

Senior Member
2Mistakes said:
What is the name of your state (only U.S. law)? MS

I've drawn up a motion for contempt and modification of child support. (And it's a masterpiece if I do say so myself.)

I plan to file it on Monday and send it to a process server where ex lives, 8 hours away.

My question is, can I file myself and get the ball rolling and then just hire an attorney to go to court with me for the hearing?

I'm afraid that I would screw up in the courtroom, so I would like to have an attorney do the talking for me. Is it possible to do it this way?

Thanks!
Click to expand...
My initial observation is that any time someone claims that a motion is a masterpiece, I'd be concerned. A motion is not supposed to be a work of art. It is supposed to lay out the facts in a simple, no-nonsense way. The more florid and fancy it gets, the less effective.

That said, the problem you have is that if you file the motion and then want to hire an attorney, they may not be happy trying to clean up any mistakes. In fact, your cost may be higher than simply having them do the motion - since they may end up running round in circles trying to work through your motion.

If you're going to use an attorney for the hearing, I would strongly suggest having the attorney file the motion. Give them your motion if you wish and they can either use it if it's satisfactory or modify it as needed. Preparing or modifying the motion will not cost all that much in the grand scheme of things.
 
M

meanyjack

Member
Misto pretty much pointed everything out, but another thing I'd point out are these:

"Her income has increased to roughly $84k/year."
Click to expand...
You have documented proof of this? Or at least enough to prove a change of circumstance per statute/current order?

and this:
Contempt for the several thousand $$ she owes in arrears
Click to expand...
Proof she WILLFULLY did not pay?

Too many people assume "oh, well you didn't pay, so you're automatically in contempt" when it's not that cut and dry.
 
LdiJ

LdiJ

Senior Member
2Mistakes said:
Not sure who I want to use yet, but I reckon I should figure it out. :)

I'm asking for the following in my motion and would like opinions on if they seem reasonable:
1. Contempt for the several thousand $$ she owes in arrears
2. Her to pay my attorney fees for this.
3. Modify child support (last calculated in 2009 based on income of $48k/year. Her income has increased to roughly $84k/year.
4. Modify judgment that if she owes arrears as of 12/31 each year, I get to claim all 3 kids on taxes for that tax year, beginning with 2011 tax year.
5. Modify judgment to change which kids we each claim on taxes. Currently, I claim the oldest (17) every year, she claims middle child (14) every year, and we rotate youngest child (7) each year. Now that oldest is 17, she doesn't qualify for the child tax credit or additional child tax credit. But the child she claims does, however the kids live with me, so she can't get those tax credits for them (unless she lies and says they live with her, which I think she's done in the past.)

Those are the things I'm asking for. Opinions?
Click to expand...
The bolded is untrue. She absolutely can claim the child tax credit (the additional child tax credit would not apply if she is making 84k). Its head of household, daycare credits and EIC (which also doesn't apply in her case) that she cannot claim if no children live with her.
 
P

Proseguru

Member
Sure you can do this ... and do discovery etc...the line where most lawyers balk at is if you do depositions yourself & the lawyer cannot perform one.
They generally don't care if you are deposed, since its almost a free-for-all anyway.
 
2

2Mistakes

Senior Member
When I said masterpiece I meant well-written. It's only a page and a half long, no flowery language. Just the facts.

As far as proof....I have absolute proof that she has netted $7k a month since July of last year. I don't have to prove that she could pay...she has to prove that she couldn't. Making $7k a month, she should have been able to pay $900.

As far as the child tax credit, according to IRS publication 972 the child has to have lived with you at least 1/2 the year to get the child tax credit. I was basing that request on what the IRS says.

I'm just trying to do as much as I can myself to save on attorney fees. I could probably go to court on my own, but I'm really more comfortable having someone else do the talking.
 
M

mistoffolees

Senior Member
2Mistakes said:
When I said masterpiece I meant well-written. It's only a page and a half long, no flowery language. Just the facts.

As far as proof....I have absolute proof that she has netted $7k a month since July of last year. I don't have to prove that she could pay...she has to prove that she couldn't. Making $7k a month, she should have been able to pay $900.

As far as the child tax credit, according to IRS publication 972 the child has to have lived with you at least 1/2 the year to get the child tax credit. I was basing that request on what the IRS says.

I'm just trying to do as much as I can myself to save on attorney fees. I could probably go to court on my own, but I'm really more comfortable having someone else do the talking.
Click to expand...
That doesn't change my view at all. If you're going to have an attorney represent you in court, I would want him to review anything that I filed with the court. It shouldn't cost all that much for him to review a 1 1/2 page document.
 
T

TinkerBelleLuvr

Senior Member
I want to address the incorrect knowledge about why you think the X can't take the credit:

Special rule for divorced or separated parents (or parents who live apart). A child will be treated as the qualifying child of his or her noncustodial parent if all four of the following statements are true.
The parents:

Are divorced or legally separated under a decree of divorce or separate maintenance,

Are separated under a written separation agreement, or

Lived apart at all times during the last 6 months of the year, whether or not they are or were married.

The child received over half of his or her support for the year from the parents.

The child is in the custody of one or both parents for more than half of the year.

Either of the following applies.

The custodial parent signs a written declaration, discussed later, that he or she will not claim the child as a dependent for the year, and the noncustodial parent attaches this written declaration to his or her return. (If the decree or agreement went into effect after 1984, see Divorce decree or separation agreement that went into effect after 1984 and before 2009 , later.

A pre-1985 decree of divorce or separate maintenance or written separation agreement that applies to 2011 states that the noncustodial parent can claim the child as a dependent, the decree or agreement was not changed after 1984 to say the noncustodial parent cannot claim the child as a dependent, and the noncustodial parent provides at least $600 for the child's support during 2011. See Child support under pre-1985 agreement , later.
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http://www.irs.gov/publications/p504/ar02.html#en_US_2011_publink1000175898
 
2

2Mistakes

Senior Member
TinkerBelleLuvr said:
I want to address the incorrect knowledge about why you think the X can't take the credit:

Publication 504 (2011), Divorced or Separated Individuals
Click to expand...
Ahhhhh, ok. Thank you.

So now I have a tax question. If we leave it me claiming the oldest and her claiming the middle child, she doesn't qualify for the additional child tax credit for that child. And I don't qualify for it bc the one I claim is 17. So is there a way for her to claim the middle child for the exemption/ whatever she qualifies for, and for me to claim the same child just for the additional child tax credit? Taxes confuse me!
 
M

mistoffolees

Senior Member
2Mistakes said:
Ahhhhh, ok. Thank you.

So now I have a tax question. If we leave it me claiming the oldest and her claiming the middle child, she doesn't qualify for the additional child tax credit for that child. And I don't qualify for it bc the one I claim is 17. So is there a way for her to claim the middle child for the exemption/ whatever she qualifies for, and for me to claim the same child just for the additional child tax credit? Taxes confuse me!
Click to expand...
I'm not going to look it up, but you really should be able to do it yourself.

Taxes can be confusing, but most of the time it's because the person skims through without paying attention or following the rules precisely. They get really complicated for some topics, but for things like deductions and child tax credits, the rules are relatively straightforward. Get the relevant IRS rules and read through it carefully and slowly without any preconceived notions. Follow it to the letter. If you don't understand something, back up and read it again. And again.

If the rule says "If A and B, then C", then both A and B must be true for C to apply. OTOH, if the rule says "If A or B, then C", then C applies if either A OR B is true (or both).

For the questions you're asking, it's just not that difficult. Just read carefully.
 
T

TinkerBelleLuvr

Senior Member
2Mistakes said:
Ahhhhh, ok. Thank you.

So now I have a tax question. If we leave it me claiming the oldest and her claiming the middle child, she doesn't qualify for the additional child tax credit for that child. And I don't qualify for it bc the one I claim is 17. So is there a way for her to claim the middle child for the exemption/ whatever she qualifies for, and for me to claim the same child just for the additional child tax credit? Taxes confuse me!
Click to expand...
Because I KNEW how taxes worked, I took the youngest and my X took the oldest and we rotated the middle child. I knew that once the oldest came off, we would have to address this question again ... etc.

You'll have to file a motion to change it.

Does your paperwork have anything about having to be current to take the tax deductions?

And to your original question, you can find if an attorney will unbundle services. Means that you hire them for only the pieces you need, such as mouthpiece. To do them justice, they should review your paperwork prior to filing. My X thinks he does a fine job filing his paperwork pro se; my attorney, the judge, and I differ on that opinion. So, if he ever gets an attorney, he will have heck of a time untangling the mess he has made.
 
LdiJ

LdiJ

Senior Member
2Mistakes said:
When I said masterpiece I meant well-written. It's only a page and a half long, no flowery language. Just the facts.

As far as proof....I have absolute proof that she has netted $7k a month since July of last year. I don't have to prove that she could pay...she has to prove that she couldn't. Making $7k a month, she should have been able to pay $900.

As far as the child tax credit, according to IRS publication 972 the child has to have lived with you at least 1/2 the year to get the child tax credit. I was basing that request on what the IRS says.

I'm just trying to do as much as I can myself to save on attorney fees. I could probably go to court on my own, but I'm really more comfortable having someone else do the talking.
Click to expand...
The bolded truly is not accurate. Its Head of Household and EIC (and EIC is not applicable to mom if she is making 7k a month) that cannot be claimed unless the child lives with you more than 1/2 of the year. You are misunderstanding what you are reading.
 
LdiJ

LdiJ

Senior Member
2Mistakes said:
Ahhhhh, ok. Thank you.

So now I have a tax question. If we leave it me claiming the oldest and her claiming the middle child, she doesn't qualify for the additional child tax credit for that child. And I don't qualify for it bc the one I claim is 17. So is there a way for her to claim the middle child for the exemption/ whatever she qualifies for, and for me to claim the same child just for the additional child tax credit? Taxes confuse me!
Click to expand...
No, the child tax credit goes with the dependency exemption. So does the additional child tax credit (which is another one that mom would not be eligible for anyway if she is making 7k per month).
 
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