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socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 37868
Experience:  Retired (mostly)
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To Socrateaser only I want to ask:1) to file a motion on

Customer Question

ToCustomeronly I want to ask:1) to file a motion on how to ask for attorney fees from him as he makes so much more money than me
2) He was ordered to pay child support temporarily until their discovery is over (they requested 90 days). Our hearing was Feb 24, 2016 and he was ordered to pay retroactive to Feb 1 but never paid Feb. Just started his payments March 1st. I keep asking his attorney about his payment for Feb and she keeps delaying but he makes tons of money and I'm not sure what the problem is other than abuse.
Submitted: 6 months ago.
Category: Family Law
Expert:  socrateaser replied 6 months ago.
Hello again. Thanks for requesting me to answer. Re question #1: A party seeking Fam.C. § 2030 attorney fees and costs also must serve and file either the optional Judicial Council form FL-319 (Request for Attorney's Fees and Costs Attachment) and optional Judicial Council form FL-158 (Supporting Declaration For Attorney's Fees and Costs Attachment) or comparable declarations that address the factors contained therein (reason for request, specific amount sought, whether fees/costs have been previously ordered, personal declaration as to financial need, attorney's billing rates and experience, nature of litigation, notice to responding party, etc.). [See Cal. Rules of Court, Rule 5.427(b)(1)(B), (D); Judicial Council forms FL-319 & FL-158; see also Marriage of Sharples (2014) 223 CA4th 160, 165-168, 166 CR3d 818, 821-823—error to deny need-based fees/costs award for failure to file optional form FL-319 where moving party submitted “comparable” declaration as authorized by Cal. Rules of Court, Rule 5.427. For question #2, please open a new Q&A session. Subscription account questions pay practically nothing, so I would greatly appreciate it if you would split your questions into manageable parts, so that I may receive appropriate compensation for my efforts in your behalf. Note: If you're in SoCal and you need a lawyer to represent you in court, please let me know and I can send you a premium services invitation. Thanks again for using Justanswer!
Expert:  socrateaser replied 6 months ago.
Hello again,I see that you have reviewed my answer, but that you have not provided a rating. Do you need any further clarification concerning my answer, or is everything satisfactory?If you need further clarification, concerning this matter, please feel free to ask. If not, I would greatly appreciate a positive feedback rating for my answer – otherwise, I receive nothing for my efforts in your behalf.Thanks again for using Justanswer!

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