Attorney fees . .. please help

[MikeC.]

What is the name of your state? CA I was scheduled to go to court with DCSS on a hearing regarding arrearages. DCSS claimed I owe over $60k . . . I requested a hearing to contest it. Hearing was continued . . . now scheduled for Oct 5. My attorney now wants me to agree to stipulations with DCSS because he says that based upon the evidence submitted in my ex response, a judge will likely rule against me. I would agree to stipulate for the arrearage, but refuse to pay any of my ex's legal fees. My ex wants $12k + interest charges (claims to put expenses on credit card) for attorney fees (I had to file 4 times in less than one year . . . 2 times in court that had prior jurisdiction, once in court where child lives and then with DCSS). If I agree to the arrearages, but refuse to pay legal fees . . . does that constitute automatic guilt? And would that mean that a judge automatically award fees? By the way, I earn 85k per year (although ex attorney is trying to get me for more based on a subpeonaed loan document I signed). My ex works part time and earned about $15k year.

 

[bakbrakr1]

Atty fees

I don't know if this helps, it looks like the cards are stacked against you. We were asked to do the same thing. She chose to work part time, even though she had the capability of working full time and making more money than my husband.
What we ended up doing was "offering" to pay the atty's fees, (much less than yours) gave her a second retirement that he had worth about 6k and a few bucks more in monthly support, BUT we also had in the agreement that he got the kids for tax purposes, that when one child turned of age, the child support went to half instead of the typical drop of 1/3 and she was responsible for all insurance copays. She was so eager to get the 6k in cash, that she agreed to the rest. Maybe if you offer to do that, BUT make up for it in other areas. My understanding is that they prefer to have everything ironed out rather than having the judge decide it, so if you two can make any compromises that include a larger sum up front and less in the end, it may help everyone involved.
Good luck!

 

[betterthanher]

What is the name of your state? CA I was scheduled to go to court with DCSS on a hearing regarding arrearages. DCSS claimed I owe over $60k . . . I requested a hearing to contest it. Hearing was continued . . . now scheduled for Oct 5. My attorney now wants me to agree to stipulations with DCSS because he says that based upon the evidence submitted in my ex response, a judge will likely rule against me. I would agree to stipulate for the arrearage, but refuse to pay any of my ex's legal fees. My ex wants $12k + interest charges (claims to put expenses on credit card) for attorney fees (I had to file 4 times in less than one year . . . 2 times in court that had prior jurisdiction, once in court where child lives and then with DCSS). If I agree to the arrearages, but refuse to pay legal fees . . . does that constitute automatic guilt? And would that mean that a judge automatically award fees? By the way, I earn 85k per year (although ex attorney is trying to get me for more based on a subpeonaed loan document I signed). My ex works part time and earned about $15k year.

As far as her attorney fees...it's hard to tell how a judge will rule. As far as her putting it on a credit card, that is her choice. IF a Judge were to rule awarding her attorney's fees, I wouldn't think a Judge wouldn't hold you responsible for that -- especially if her credit is crap and has high interest rates. Make sure you get documentation of her attorney's fees (without the interest).

 

[username43]

$60,000 in arrears is alot of money to owe for child support. Your picture was probable posted on the deadbeat dad's website!!

Getting an attorney was probable a real stretch on the mothers finances apparently since she put in on a credit card.How else would she pay for an attorney? Thank God, she had one that would take a credit card. I think the Judge will see this as well.

In Oct you will owe $72,000 ! hmm... Maybe she will accept Visa!

 

[username43]

As far as her attorney fees...it's hard to tell how a judge will rule. As far as her putting it on a credit card, that is her choice. IF a Judge were to rule awarding her attorney's fees, I wouldn't think a Judge wouldn't hold you responsible for that -- especially if her credit is crap and has high interest rates. Make sure you get documentation of her attorney's fees (without the interest).

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Why wouldn't the dad be held responsible. He is $60,000 in arrears!! Of course her credit is "crap". The mother has probable never got a dime from this man.I actually was impressed she had $12,000 avaliable on any card she could use.

 

[betterthanher]

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Why wouldn't the dad be held responsible. He is $60,000 in arrears!! Of course her credit is "crap". The mother has probable never got a dime from this man.I actually was impressed she had $12,000 avaliable on any card she could use.

You're making ASSumptions. We don't have the entire backstory here (nor do we need it). It's also obvious you did not read or understand what you read. He asked a question and it was answered. It's hard to tell what a Judge will order.

One thing no one noticed is why is anyone racking up upwards of $60,000 on credit?! YOU are responsible for your own credit and no one else. I would love to see what this person has been charging to rack up that much. A couple of cars maybe?! LOL Ever hear of getting a reciept?

There are also several questions I could ask the other parent, like "why did you let this accumulate this much before doing anything?" "Why did you put that much on credit?" "Why are you only working part-time"? But, like you, I am assuming with those questions.

If the ex is letting the OP "off" with paying only $12,000, I'd sign it now -- especially if the lawyer is saying the evidence is stacked against him.

 

[stealth2]

The "rest" of the story. https://forum.freeadvice.com/showthread.php?t=271411