Conference quokka::non_custodial_parents

150.0. "Do I Need A Lawyer?" by BSS::P_BADOVINAC () Wed Aug 21 1991 14:43

Should I get a lawyer?

If you read my earlier note you know some of this already.

I was divorced in 1975.  I have a 16 year old daughter that my ex had
custody of.  Last March the 16 year old (then 15) left my ex wife's house
under duress of her step father.  For a couple of months she lived with my
other daughter Chrissy (age 22 and married) but that caused a lot of
problems so I helped her get her own place.  This all happened in
California, I live in Colorado.  All during this time I wanted Lisa to come
live with me but until last month she said no.  Last month she decided to
come live with me.  Yesterday she told me she had never felt so good in her
entire life.

For the last four years I have had my check garnished for support and
arrears to the tune of $300/month.  I talked with my ex-wife when Lisa told
me that she was not getting any money from her.  She basically said that
Lisa owed it to her for raising her.  She said she thought that Lisa and I
deserved each other and did not dispute me having custody of her.  I told
her I would continue to pay her arrears if she would sign a notorized
letter giving me physical custody of Lisa.  I needed this letter for them
to change my garnishment.  She said she would sign on the condition that I
didn't hire a lawyer.  I wrote up the letter and sent it to her.  That was
a month ago.  When I've called her about it she always has an excuse.  The
DA (Child Support Division) says she will submit for change of garnishment
if I show her that Lisa is enrolled in High School here.  I asked her what
she would do about the money my ex has taken over the last six months and
not given to Lisa.  She basically said that was not her problem.  When she
files all the papers and IF the judge decides that it OK they will reduce
the amount the take from my check each month.  Until then . . .

I also asked the DA if they would handle it if I petitioned for child
support from my ex.  She said they would but that my ex had declared that
she is not employed and her husband is not employed.  (I know that my ex is
self employed and has anywhere from 6 to 10 geriatric patients living with
her.  She charges them $1,000/month/patient.  My daughter Lisa used to
bathe them etc.)  The DA basically said I would have to prove this.  I
asked her if I told her I had no income would she believe me.  She would
not reply to that one.

So should I hire a lawyer.  It would have to be a California lawyer since
that was where the original order was filed.  Any ideas on how much this
would cost?  The custody part of it seems irrelevant since Lisa was
basically an abandoned child because her mother threw her out and sent her
no money for six months.  (California law)

	Thanks,

	Patrick
	dtn 592-4449

    Pat,
    
    You'll probably have to get a lawyer to get this straightened out.
    Not nice $$$ wise, but cheaper in the long run.  You should at
    least be able to offset what you owe her from what she will be
    ordered to pay you.
    
    The court usually requires a tax return as part of the financial
    documentation of change-of-child-support.  May have a P.I. check
    out the house (more bucks, but...).  Your ex whould have to explain
    to the court as to why she is no longer caring for these people
    if she isn't, or URESA (Uniform Recipocol Support Act) says that 
    she is "voluntarily underemployed" and the support will be based
    on her "potential income".  If her tax return says no income, 
    turn her in to the IRS.  A lawyer told me that the court would
    probably count her income "at least at minimum wage".
    
    At least you should get an adjustment on *your* support order.
    The support order remains in effect until the court changes it in 
    most cases.  So until you get the court to chang the order, you 
    still have to keep paying *her* support.
    
    fred();
    

    put this on the list of reasons for WHY *NOT* to have your wages
    garnished!
    
    t.

    Check it out in Colorado first.  Since your daughter has not lived
    with her mother for 6 months, you should be able to get a change of
    jurisdiction and file for support under URESA.  You may be in a better
    position than you think.  The one negative is that, to the best of my
    knowledge, they will not make any changes retroactive, but hey, it
    doesn't hurt to ask.
    
    my 0.02
    jimc

    
    Paul Harvy this a.m. reports that more and more people are less and
    less willing to pay a lawyer $100+/hour for limitless hours for 
    divorce proceedings and minor legal matters.  They are doing it 
    themselves.  Particularly in Phoenix, Az. where up to 80% are opting 
    to do without the lawyers.

    Way to go people!  Not for divorce, but for sending the message.

    fred();