Need legal advice please!!!

[Liv'smom]

My husband's ex-wife is petitioning for more child support. I don't want to get into a whole lot about her business, but her boyfriend of several years has just moved out and I guess rather than get a second job to maintain the lifestyle she has become accustomed to, she decided to pump the old well. The problem is, we are all dried up. We were paying $350 a month, but after we turned in all the financial stuff, the powers that be have decided that $670 is a more appropriate number. How the hell can this be? We are barely scraping by and she gets more? Even if we didn't have another child to support, we couldn't meet that. Can anyone out there give me some advise on this? I would love to sit down with an attorney, but we certainly can't afford that. We asked for more visitation a couple of months back and she turned us down. Our money is good enough for support, but not her father's love. Does anyone know if there is a way to petition for more visitation without incurring legal fees? I am so lost and disheartened here. I try so hard to be a good mother, step-mother, wife and generally a good person that I cannot even believe the horrible thoughts that this woman evokes in me. Someone please help me with this. I don't mean to ramble and I certainly don't want to slander this person who's child I love like my own, but I can't fathom the kind of person it takes to be so greedy. If anyone can give me advise personal or professional, please let me know and thank you as always for listening.

 

[kathydwells]

In Alabama child support is figured using what they call Rule 32. It is based on the the custodial and non-custodial parents income, what they pay for support for a child by a previous marriage, daycare support, and health insurance. This information is used to determine what percent the non-custodial parent is to pay. It is very fair. However, in your case, I would for sure seek legal advice. IMHO. Good luck.

 

[lindatat]

Liv'sMom, I can't really give you legal advice, but I can tell you here in Illinois, the child support guidelines call for a straight percentage of net income. 20% for one child, 28% for two, etc. That being said, in my recent divorce negotiations, I agreed to accept less than that - I guess I have a heart. But if I hadn't, from what I understand, the guidelines would prevail. I'm sure every state differs, but it seems to me the only way to contest the add'l child support is to get an attorney (if she has one and you don't, your chances are probably not going to be very good.) I wish you luck - I know it probably seems unfair. If you have to pay an attorney, you may as well just pay the add'l support, unless you truly feel it is over and above the guidelines for the state. Stories such as yours make me very thankful we used mediation rather than hiring attorneys right off the bat. It allowed us both to maintain a quality of life for our kids and ourselves - and I truly I hope you somehow find a way to do the same.

 

[mleigh]

Hi! To seek legal advice without hiring an attorney your county should have a child support division that will guide you and help.

 

[Liv'smom]

Thank you for the responses. As we will no doubt end up paying her fees in addition to more support, it is not really an option to hire an attorney. I will check into the child support division that was mentioned. I would do anything in the world for my step-daughter, but the amount that we are expected to pay for support just seems excessive. I can't help but worry about the fairness factor since she works for Steve Meadows whom for those of you who don't know, is our state attorney. I wish I had all the money she believes we have. I would do simple things with it, like get my child health insurance, pay someone to cut my hair instead of using my bathroom as a salon. Oh, and health insurance for my husband and I would be really extravagant, but what the heck , you only live once right. Rambling again, sorry. I really do appreciate the info guys.

 

[ShallowsNole]

There is a child support division, but like any other division of the Clerk of Courts office, they cannot say, do or give anything that might be construed as legal advice.

You might check in the phone directory for Fort Walton Beach (or Panama City, if you are closer to PC) for a legal aid service. Unfortunately, my advice would be to seek the services of an attorney - and be sure to get someone who specializes in family law.

 

[bsmart]

Liv's mom: The best advice is to get an attorney no matter how strapped for cash you currently are. Do not let the family court system run over you. Unfortunately most jurisdictions, and Florida is one of them, make it illegal for attorneys for family court cases to charge contigency fees--where the attoney gets paid only when your side wins. To tell you the truth, attorneys are like car salespeople, fees are negotiable. Smaller firms will, in most cases charge less than larger firms. Phone calls to lawyers are free, so call some you may know of, or flip through the phone book and speak with a few over the phone and see what they have to say before deciding who you want to represent you. Also, find an attorney who is willing to offer a flat fee instead of one who charges hourly fees. When I have more time this weekend and my mind is clear, I will remember some helpful advice from civil procedure last semester and see where I can lead you to find an excellent attorney for your potential case at hand.

 

[kathydwells]

Liv's mom: The best advice is to get an attorney no matter how strapped for cash you currently are. Do not let the family court system run over you. Unfortunately most jurisdictions, and Florida is one of them, make it illegal for attorneys for family court cases to charge contigency fees--where the attoney gets paid only when your side wins. To tell you the truth, attorneys are like car salespeople, fees are negotiable. Smaller firms will, in most cases charge less than larger firms. Phone calls to lawyers are free, so call some you may know of, or flip through the phone book and speak with a few over the phone and see what they have to say before deciding who you want to represent you. Also, find an attorney who is willing to offer a flat fee instead of one who charges hourly fees. When I have more time this weekend and my mind is clear, I will remember some helpful advice from civil procedure last semester and see where I can lead you to find an excellent attorney for your potential case at hand.

Oh, bsmartypants I knew we could count on you!

 

[Ocean Lover]

Liv's mom: The best advice is to get an attorney no matter how strapped for cash you currently are. Do not let the family court system run over you. Unfortunately most jurisdictions, and Florida is one of them, make it illegal for attorneys for family court cases to charge contigency fees--where the attoney gets paid only when your side wins. To tell you the truth, attorneys are like car salespeople, fees are negotiable. Smaller firms will, in most cases charge less than larger firms. Phone calls to lawyers are free, so call some you may know of, or flip through the phone book and speak with a few over the phone and see what they have to say before deciding who you want to represent you. Also, find an attorney who is willing to offer a flat fee instead of one who charges hourly fees. When I have more time this weekend and my mind is clear, I will remember some helpful advice from civil procedure last semester and see where I can lead you to find an excellent attorney for your potential case at hand.

:clap_1:

 

[Allifunn]

Liv's mom: The best advice is to get an attorney no matter how strapped for cash you currently are. Do not let the family court system run over you. Unfortunately most jurisdictions, and Florida is one of them, make it illegal for attorneys for family court cases to charge contigency fees--where the attoney gets paid only when your side wins. To tell you the truth, attorneys are like car salespeople, fees are negotiable. Smaller firms will, in most cases charge less than larger firms. Phone calls to lawyers are free, so call some you may know of, or flip through the phone book and speak with a few over the phone and see what they have to say before deciding who you want to represent you. Also, find an attorney who is willing to offer a flat fee instead of one who charges hourly fees. When I have more time this weekend and my mind is clear, I will remember some helpful advice from civil procedure last semester and see where I can lead you to find an excellent attorney for your potential case at hand.

You are the best!!! Listen to his advice L'sM...he is a future (honorable ) attorney

Oh, bsmartypants I knew we could count on you!

DITTO!!!!