Lawyer sent email for motion to withdraw from my case

[dthomas42]

A state court judge doesn't not have any jurisdiction over federal stimulus money. A state court judge only has jurisdiction to make a child support order.

Thank you for that information. I will take that under advisement when I speak with a new attorney. I appreciate your response.

 

[LdiJ]

There is money that she was overpaid when my attorney did not file the termination of support with my employer right away. She is obligated to return that overpayment. Thank you for your response.

Obligated as in what you believe is morally right, or obligated as in the judge ordered her to pay you back that money?

 

[not2cleverRed]

There is money that she was overpaid when my attorney did not file the termination of support with my employer right away. She is obligated to return that overpayment. Thank you for your response.

No. Legally she is NOT obligated to return that money if it was collected per a valid court order, prior to filing for termination of support.

Look, you're in Indiana. You should have been communicating with your lawyer in terms Indiana parenting plans guidelines. I haven't seen any evidence that you are aware that they exist. Here's some light reading: Indiana Parenting Time Guidelines.

A reasonable person uses the guidelines, and expresses succinctly the legal reasons for deviating from standard parenting time/plans.

 

[stealth2]

There is money that she was overpaid when my attorney did not file the termination of support with my employer right away. She is obligated to return that overpayment. Thank you for your response.

Maybe, maybe not. In addition to not looking at the retainer agreement, did you look at detailed bills you received?

 

[dthomas42]

Obligated as in what you believe is morally right, or obligated as in the judge ordered her to pay you back that money?

There was an order to terminate my support to her. The order existed about 1 month before my attorney sent the document to my employer to stop the withholding of the money. Once the order was received, it stopped immediately. Infact, I received the last payment taken out of my check back from the state the next week.

 

[dthomas42]

No. Legally she is NOT obligated to return that money if it was collected per a valid court order, prior to filing for termination of support.

Look, you're in Indiana. You should have been communicating with your lawyer in terms Indiana parenting plans guidelines. I haven't seen any evidence that you are aware that they exist. Here's some light reading: Indiana Parenting Time Guidelines.

A reasonable person uses the guidelines, and expresses succinctly the legal reasons for deviating from standard parenting time/plans.

Yes, she is. There was a valid court order that terminated the support. It was not given to my employer right away.

I have been communicating with my attorney and we are operating under PTG.

Thank you. Have a great day.

 

[Ohiogal]

Thank you for that information. I will take that under advisement when I speak with a new attorney. I appreciate your response.

Interesting. I said this in post 15:
And the judge cannot overrule federal law. You need to realize that.

I repeat my questions for you in the post you reported: Then how did you get temporary sole custody? Because something had to be alleged in order for that to have happened. Why should mom have to ask your permission for anything? What should you have to ask her permission to do with your child? And if you can't communicate with mom then you maybe shouldn't be custodian.

 

[LdiJ]

There was an order to terminate my support to her. The order existed about 1 month before my attorney sent the document to my employer to stop the withholding of the money. Once the order was received, it stopped immediately. Infact, I received the last payment taken out of my check back from the state the next week.

Then she is not obligated to return it until a judge orders her to return it.

 

[dthomas42]

Maybe, maybe not. In addition to not looking at the retainer agreement, did you look at detailed bills you received?

I have looked over all of my bills. I looked at my retainer agreement but did not look at it in detail. Thank you for your response.

 

[dthomas42]

Then she is not obligated to return it until a judge orders her to return it.

Good to know. That is a topic that is on the table at the final hearing. Thank you for your response.

 

[stealth2]

There was an order to terminate my support to her. The order existed about 1 month before my attorney sent the document to my employer to stop the withholding of the money. Once the order was received, it stopped immediately. Infact, I received the last payment taken out of my check back from the state the next week.

So she has not been ordered to pay anything back to you?

 

[Just Blue]

Again, the only family law attorney on this thread is OhioGAL.

 

[Ohiogal]

Again, the only family law attorney on this thread is OhioGAL.

He doesn't want help or educated. He wants a cheerleader to tell him he is correct.

 

[stealth2]

One of the problems that I have found, is that people seem to think that paying a lawyer guarantees them the result they desire. And if they don't getthat result? They should not have to pay. Wrong.

 

[dthomas42]

Again, the only family law attorney on this thread is OhioGAL.

Thank you. I appreciate your comment.