? about child support/discovery

[MichaCA]

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

I'll say upfront I do have an attorney for a custody case going on. Sorry this is longwinded....Two questions

For the past three months, and for the forseeable future, our daughters father has 4-6 hours a week supervised visitation so that I have sole physical custody. I guess that means 100%, or 99% custody? I'm not sure.

I haven't gone back to modify child support in a long time. I have been told the quickest way is to file a motion ASAP to modify child support...alas, using this attorney. My problem/question is she is saying she doesn't want to get into discovery right now - our communication is not great..the best I can understand is its cumbersome and may affect the speed of getting more child support.

I think money is important as the court is ordering coparent counseling, family counseling for dad and daughter, plus I have travel time for all of the above including supervised visits. (the therapist picked works a one hour drive away). The cheapest service of all of these is $150 an hour. Frankly, I currently don't have money for any of it, but am trying to piece my life back together from an injury, and ongoing disease, and now full custody, the next step, seeking work.

It seems every last cent would count. The deal is, I know from an online search my ex has a 1/5 interest in a huge family owned vineyard (over 100 acres producing) in Napa Valley. When we were together, before his parents had passed (which they now both have) he was receiving hundreds of dollars a month just in dividends. I have NO idea what interest he is receiving now...but know it MAY be there, and may help alot in supporting our child. - but my attorney is putting off doing the discovery to get at this information.

Question #1
Do you guys think I should find a diff attorney just for filing the child support? My second family law attorney was hired to be a child support commissioner (why I lost him) which he did for several years in San Francisco. I believe he is now back in our county with a private practice. Someone like that would get to the heart of things quickly?

I have had issues in the past with my attorney not being assertive enough. My father graciously hired her to help me with the current family law case as it was getting hairy and we're dealing with a brand new commisioner. It was hire her or hire a new (perhaps better) attorney who would have charged many more thousands of dollars to just get acquainted with our case.

Sorry if way too much info., my brain in scattered...just got out of 3 hours at court yesterday.
Question #2 My and ex's attorney yesterday both had several other cases they were representing. My attorney was only available MAYBE of a total of one hour to deal with our case. I often sat with ex and his attorney trying to comprimise on things. And then she would have to get up to represent someone else. I want to ask my attorney to please charge for only one hour. Do you folks think that is reasonable?

The deal is, because we couldn't focus, we couldn't get in front of the judge to plead parts of the case. The attorneys squeezed in front of the judge (too late for the issue sheet) to agree to basic things on condition of COMING BACK for a review date Jan 25th (to have a real hearing basically). We already have another review date for March....so I feel bad paying my attorney for 3 hours in court yesterday, plus for another whatever hours on Jan 25. The Jan 25th date would not have happened if my attorney had gotten us in front of the judge one hour earlier. And she just was not available.

 

[birdbrain53]

Hi Micha

I happen to be in SF Bay Area. Sounds like you are too.

Your current attorney is busy with lots of clients and doesn't want to handle child support, plus she is not assertive. You need a child support modification as well as the custody case resolved.

She sent you a bill for 3 hours court time when she only spent 1 hour of that time on your case, 2 hours on other people's cases. I think you need to review her invoices carefully and challenge her in writing on this. She needs to be charging her other clients for the time she spent on their cases, not you. This is an ethical issue which she should be very aware of.

Child support: you can go through DCSS, but they will take 3 months to review your case and then file. Then you will get some court date after that (might be another couple of months) and they will do cursory income verification. You may want to set up an appointment with the former attorney to discuss child support to see if the cost is worth it. Maybe your former attorney can also give you some advice about the custody issues, too. With your Ex having non W-2 Income it's a bit trickier to verify all his income. You can legally request his income tax returns for the last year (maybe 2) and you would have to provide the same. But all income is listed on the tax return as he may "forget" to put down all his income on an I&E.

 

[MichaCA]

Thanks for your response and clarification of my issues;

So if (any) attorney files for the child support modification, - I'm trying to get at why my attorney thinks a discovery is necessary - can't a request just be put in the motion for a show of the last years tax return? Would that not be standard? I am assuming it must not be standard...but unknowledgable me thinks it could/should so easily just be a protocol in determining child support.

For that matter, could I just file myself for a modification (save one hour attorney fee) and request in a written motion what I know and conclude with a request for a copy of last two years tax return. (and provide same on my end).

Hey, thanks for your time...you responded to my post in child custody section three months ago when I was filing an exparte around child abuse. Update: even though court still acts non-committed to discussing it as child abuse, there have been some changes in CA family law court. The change is I was able to request our child come in and be interviewed by family law mediator. She is eleven years old. Between that interview, and her interview with CPS worker, it became clear there was a very dysfunctional relationship (which I knew but assumed court didn't care based on last time in court) between daughter and father - emotional and physical abuse. I was/am more surprised than anyone with this continuation of supervised visits, and focus on reunification therapy...although per this post...very skeptical about cost of it all and dismayed the courts will not order a Medi-cal provided individual therapist for our child (which I feel she desperately needs)...as Medi-cal therapists are 'not versed in family law'...so she goes without...

Thanks for listening. I think you had mentioned a sister going through similar custody stuff in CA some time back. There is hope.