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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 92469
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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My ex and I had a full custody evaluation done and my ex fiance

Customer Question

My ex and I had a full custody evaluation done and my ex fiance dropped going for full custody and supervised visitation after the conclusion of the evaluation came back that he didn't feel that she should have these rights. I had a terrible attorney who did not work with the other one in trying to resolve the simple matters of picking a safe haven counselor, choosing a PC, and other matters ordered by the evaluator, that should have been worked out before court. Now I am unemployed, got dinged with paying my own and my ex Fiance's attorney's fees. Now we find out that the safe haven counselor will not take our insurance and is 500 to start each person, plus 500 each person to start with the PC. I am UN ABLE to pay. What do I do from here? Can the judge take my son away from me because I am UN ABLE to pay this huge fee?
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.
I am sorry to hear this has happened to you, it puts you in a bad situation. The only real recourse you have is to file a motion in court for the court to reconsider the fees and ask them to waive the fees for the counselor and PC based on your significant change in financial circumstances. If the court refuses to waive the fees, I am afraid that they could take your custody away for failure to comply with the court orders sadly. Thus, if the court denies your waiver, I am afraid you need to do what you can to find someone to help you pay these fees to comply or locate a counselor and PC who will work with you and negotiate a payment plan for their fees.


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Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 92469
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Law Educator, Esq. and 11 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you for your honesty... If I file an order to change my child support under the new circumstances, can the judge, who does not like me at all, deny the motion? Say she just does not like me and wants to make my life hard, though I was not able to go back to my last job (which is in writing and she has seen), I am getting unemployment (whcih is a fact and also in writing?

Expert:  Law Educator, Esq. replied 1 year ago.
The child support is based on income of the parents and is set by state guidelines and law that the judge has to follow. One of the grounds for modifying and lowering support is a significant change in financial circumstances and loss of employment is such a significant change. You will have to prove to the judge that you are making reasonable efforts to find new employment and have not yet been able to do so and then under the state guidelines this is grounds to reduce the support based on your new income with unemployment.

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Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
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Experienced attorney: Family law, Estate Law, SS Law etc.