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Weber1980!

Active Member
I have a warrant for failure to appear on child support probation violation. My daughter came to live with me four yrs ago and her Dad lies about this to the courts. Child is now18 and told the prosecutor she lived with me. Courts say I owe $19,000 ,which I don't in all reality since she lived with me. But dad has court order stating she lives with him. It's joint custody but with him having her more.child support order is on me. He doesn't even call or try to see her. He's a liar. I gave attorney $2500 retainer. Her only advice was for me to pay $19,000. She can't get warrant lifted either. I told her I'm not happy. She withdrew and I want retainer fee back. No contract was signed I never even met her only phone conversation. She has not ever appeared in court. And gave bad advice since I hired her to fight for me.
 

quincy

Senior Member
You paid an attorney you never met $2500 without a contract in place? How do you know she is an attorney?

Is the failure to appear warrant from a different state?
 
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Ohiogal

Queen Bee
I have a warrant for failure to appear on child support probation violation. My daughter came to live with me four yrs ago and her Dad lies about this to the courts. Child is now18 and told the prosecutor she lived with me. Courts say I owe $19,000 ,which I don't in all reality since she lived with me. But dad has court order stating she lives with him. It's joint custody but with him having her more.child support order is on me. He doesn't even call or try to see her. He's a liar. I gave attorney $2500 retainer. Her only advice was for me to pay $19,000. She can't get warrant lifted either. I told her I'm not happy. She withdrew and I want retainer fee back. No contract was signed I never even met her only phone conversation. She has not ever appeared in court. And gave bad advice since I hired her to fight for me.
Why didn't you go back to court and get custody and child support changed. Until then you were REQUIRED to follow court orders, including paying child support. If you did not go back to court to modify those, then you owe the $19000. Ignorance of the law is NOT an excuse.
 

Weber1980!

Active Member
Why didn't you go back to court and get custody and child support changed. Until then you were REQUIRED to follow court orders, including paying child support. If you did not go back to court to modify those, then you owe the $19000. Ignorance of the law is NOT an excuse.
Her Dad told me he would have child support case closed. He failed to do that. I never received any invoice until two years ago
 

quincy

Senior Member
I think you would benefit from making an appointment and sitting down with an attorney in your area. The attorney can work to get any unused portion of the attorney-retainer refunded and can help you handle the failure to appear warrant and perhaps help you to get the child support obligation reduced.

I don’t think you can do this easily on your own.
 

Weber1980!

Active Member
You paid an attorney you never met $2500 without a contract in place? How do you know she is an attorney?

Is the failure to appear warrant from a different state?
The attorney is a well known attorney in my county. My friend dropped off the retainer and I have a receipt. The receipt doesn't state non refundable. She entered my case a week after I paid her. So clearly she's a attorney. And the warrant is in Missouri same state
 

Weber1980!

Active Member
I think you would benefit from making an appointment and sitting down with an attorney in your area. The attorney can work to get any unused portion of the attorney-retainer refunded and can help you handle the failure to appear warrant and perhaps help you to get the child support obligation reduced.

I don’t think you can do this easily on your own.
Thank you
 

quincy

Senior Member
The attorney is a well known attorney in my county. My friend dropped off the retainer and I have a receipt. The receipt doesn't state non refundable. She entered my case a week after I paid her. So clearly she's a attorney. And the warrant is in Missouri same state
If the attorney looked into the warrant and child support matter for you, it is possible that the retainer amount has been earned by the attorney and no refund is due. But the attorney needs to provide you with a detailed accounting of his costs.

I recommend speaking to another attorney in person (not just speaking on the phone with one) and having this attorney look into a refund of unearned dollars paid to your first attorney, then getting the warrant cleared second and figuring out the support arrearage third.

Good luck.
 

Weber1980!

Active Member
If the attorney looked into the warrant and child support matter for you, it is possible that the retainer amount has been earned by the attorney and no refund is due. But the attorney needs to provide you with a detailed accounting of his costs.

I recommend speaking to another attorney in person (not just speaking on the phone with one) and getting the warrant cleared first and figuring out the support arrearage second.

Good luck.
I have checked into what she can and can not do. There are laws and rules given by the bar. And chief disciplinary counsel that state a lawyer can't charge u unethical fees
 

quincy

Senior Member
I have checked into what she can and can not do. There are laws and rules given by the bar. And chief disciplinary counsel that state a lawyer can't charge u unethical fees
Right. And, without a contract saying otherwise, the attorney cannot keep any unearned fees paid in advance.

It will be a matter of finding out how, and how much of, the retainer fee was spent. The attorney needs to provide you with an accounting of money spent on your case.
 

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