Do I have to return the child support?

[caligirl2004]

What is the name of your state?What is the name of your state? California

After going through court ordered mediation, my ex and I agreed to C.Support per guideline, and the judgement was issued. Then, during the divorce negotiations, my attorney agreed to give ex credit toward his child support for a lump sum payment made to our daughter's private school. I was not informed of this arrangement until 5 minutes before the divorce judgement was issued because my lawyer had not informed me in advance, and then was late for court but I signed the agreement because I thought if I didn't it would delay the divorce order. THEN, my lawyer's paralegal filed the Wage Assignment Order anyway! As soon as I rec'd my copy I called her and advised her of her mistake. I was later told that the court clerk filed the divorce order with agreement before filing the child support order agreed two weeks prior, so it can only be reversed with a new order. I only get $50 a week, I had to fight for it, I really need it, I want to keep it, but my ex wants me to file to have the order reversed, and my now-former-lawyer advises me to return the money I have received so far. I think I had bad representation, and I want to keep the support, I believe he should have to pay it anyway. Has anyone heard of a similar circumstance, and did the original agreement to pay hold out?? It seems like he should not be able to get out of supporting his child (I beleive lump sum payment was gift from his parent - whom he lives with now).

 

[rmet4nzkx]

Contact your local bar association:
LONG BEACH BAR ASSOCIATION
Contact Address 3515 Linden Ave
Long Beach, CA 90807
Contact DuVernet, Kathy
Phone (562)988-6444
E-mail director@longbeachbar.com
Web site www.cal-bars.com/LBBA

They can send you forms if you have a fee dispute with your former attorney regarding your respresentation and referral to a new attorney who can consult regardig your options. $50 p/w in California seems very low! That won't even pay for food let alone a pair of shoes!

 

[caligirl2004]

It isn't much, but it is better than nothing-but-lies I used to get. One of the reasons I signed the agreement was because I felt there was a strong chance he was bluffing about the lump sum ($3K) he paid to the school anyway. Turns out, he wasn't lying about the payment, but I know he didn't even earn $3k between his last bounced check to the school, and when the payment was made, so I beleive it was actually paid by his parent (who he lives with rent free) and he did not report that on his financial declarations. We put our daughter in private school because I live in a terrible school district, and I make good money, but with no help at all, my monthly expenses are more than my income. My boyfriend bought my daughter's last pair of tennis shoes cause I couldn't budget them in for another couple weeks, and her old ones were hurting her heels. Also, he has yet to honor our visitation agreements, although he does get his time, he always changes the plans at the last minute, usually leaving me in a pickle. I could make a big deal, and try to deny the visits because he didn't give the two-weeks notice written into our visitation agreement, but if I take away the little time she has with him, she's the one who gets hurt. Anyway, you think I am right about the substandard representation??

 

[rmet4nzkx]

Write it up in your complaint, have your documentation.

$3K gift? or was he perjuring in his financial statements? Maybe your new attorney will work that out, if the wage attachment has gone through you will get the $50 p/week

 

[caligirl2004]

The wage assignment already went through in April, I have been getting a check every week for 4 months now. Initially, I tried to honor the agreement, I didn't cash the checks, I notified my attorney of her mistake and asked to have it corrected. When I continued to receive checks, I tried to take matters into my own hands (not knowing how) and called the payroll-wage-assignment-division of his employer to explain the mix-up. I was told that they needed notice to stop the garnishments from my lawyer. So I gave my lawyer the information, and she sent them a letter asking the garnishment stop, that it was issued in error. Then they wanted a court order to stop it. That's when I learned that the orders had been filed by court clerk in wrong order (unheard of mistake in my favor!!). But when my ex called me and accused me of violating his right to privacy by calling his employer, and left insulting and obsene messages on my answering machine, and threatened bodily injury to my boyfriend via our 7 year old, I decided to stop trying to be the good guy, and keep the money I need anyway. I have been keeping receipts to prove that all the money was spent on our daughter.