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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27010
Experience:  General practice of law with emphasis in family law.
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One of the orders in the Stipulation of my child custody

Customer Question

One of the orders in the Stipulation of my child custody case says ”It is further ordered that pursuant to NRS125.070 and NRS125.080, the parties waive child support based upon the time the children are with each parent and the effect of the hybrid custody
arrangement on the child support formula”. The situation is I have primary physical on the two oldest children and joint on the third. The two oldest will spend 3 weekends at their discretion each month with the mother (Defendant, ex-wife) from Friday after
school to Monday drop off to school. The third child is going to be with the mother every week from Sunday 10 AM to Thursday drop off to school. My ex-wife was willfully unemployed at the time but she has the capacity to earn more than me. So, in your opinion,
is the waiving of child support consistent of appropriate to the situation?
Submitted: 1 year ago.
Category: Family Law
Expert:  Samuel II replied 1 year ago.
HelloThis is Samuel and I will discuss this and provide you information in this regard.So you want to amend the Stipulation?Has the court agreed to the waiver of the child support? Are you saying because the children will be with you more, you do not want to waive the support from the Mother to you?Have you reviewed the Child Support Guideline calculator to see how much you would get and how much she would get if there is no waiver?
Customer: replied 1 year ago.
Hi Samuel,
I want to thank you in advance for your time. I don’t need to amend anything in the Stipulation for I have already resolved the custody/support issue when I went back to Court pro se afterwards. My real problem was with my former attorney who pressured me to stipulate because I'm behind on payments and therefore she cannot advance her services anymore particularly to the upcoming evidentiary hearing which is totally understandable. But the case was highly in my favor as I have proven, like I said, when I went back to Court pro se I was awarded primary physical on all kids (Defendant formerly has sole custody) and the appropriate presumptive amount in child support. The Judge even awarded me $500 in attorney’s fees (as a consolation I guess). The case was so simple. The mother abandoned our 3 kids plus 2 other kids from 2 other failed relationships she had (during and after the marriage) so she can move in with (yet anew) a new boyfriend. Not one single court she obeyed during the year long litigation, she was $11,000 in arrears with me based on financial orders and I can go on and on but my burden is finding where my former attorney’s conduct fell below the standard of care. Thus my first question if the waiving of child support is consistent with what it is based on given the described scenario at the time.
Expert:  Samuel II replied 1 year ago.
Hello
Thank you
Maybe I am not understanding your question. The statutes you cite are about child support. Your stipulation says you both waive your rights to collect on child support as provided in those statutes. You both are legally allowed to agree to no child support from the other as long as you both agree and there is no burden to the state via welfare
Customer: replied 1 year ago.
I don't understand it either but that'a what my attorney stipulated on. I never approved of it and it was left as an open question prior to settlement but she still went ahead and stipulated it. The only thing that I consented on was the settlement amount and nothing else. Another question I have is if it is necessary to have your signature on the stipulation because I did not sign anything. Or is it common for a lawyer to settle a case without the client confirming the details in writing?
Customer: replied 1 year ago.
If I could contend that the waiving of child support is innacurate to what is being based on then maybe I have a case against my former attorney for negligence. The way I see it, with primary on 2 kids and joint on 1, the waiving doesn't add up. I just need a second opinion.
Expert:  Samuel II replied 1 year ago.
HelloThank you.Is that what you want to do? Sue for malpractice? Or do you simply want it changed? Because you can always seek a Modification to it.
Customer: replied 1 year ago.
I already accomplished all the necessary modification as pro se plaintiff. It's just that I lost more than two years of potential child support and wasted $10,000 in lawyer's fees just to stipulate to the waiving of child support. From the time the mother left in December of 2012, I have all the 5 kids in my care 99% of the time since with no support whatsoever from her. My bone of contention now is with the lawyer.
Expert:  Samuel II replied 1 year ago.
HelloOk. Thank you. First, to avoid litigation which can be time consuming and still costly, I suggest you file a complaint and a fee dispute with the Nevada Bar Association -
Expert:  Samuel II replied 1 year ago.
And this link for a Complaint
Expert:  Samuel II replied 1 year ago.
If you do not get satisfaction in that direction, then you can certainly file a lawsuit against the attorney.I suggest, if you want to proceed with that on your own, you can sue in Small Claims court for up to $7500; otherwise, you can sue in the Superior/Circuit Court. The Small Claims process is generally easier for a pro se complaint. You can get the forms to do that via the clerk of the court in the county where the attorney is located. However, I suggest, it would be prudent to begin with the Bar Association.
Customer: replied 1 year ago.
The Bar is not gonna help much and I'm not really disputing her fee. I need to recover my losses. I'm at a point where I'm figuring out where the malpractice was. For all I know there might not even one. But I have to try That's why I'm trying out this service to get more information. I just want to know what on average would a lawyer do on certain situation. For example, if my ex-wife left the kids in December of 2012 with no support until the order was given3 months ago, can I still claim NRS125B.030 to have the child support retroactive to 2012 or my former lawyer should have already made it part of the initial pleadings? If an average lawyer would automatically claim that statute in the beginning of the case, then that's one breach of duty of my former attorney because she did not include that argument.
Expert:  Samuel II replied 1 year ago.
Hello
Thank you
I apologize, but I am still not clear on what you are seeking. First it was is this legal, then it was you want to sue and I provided a more reasonable alternative and now it appears something else. I apologize that I am not going to be able to assist you further and I will opt out so another professional will be able to assist. Please DO NOT respond or Rate at this time and your deposit will stay in tact. Another professional will be with you shortly.
Thank you for your patience in this process.

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