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JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 32735
Experience:  Began practicing Family Law in 1992
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I recently settled through mediation a family law case,

Customer Question

I recently settled through mediation a family law case, where we both mutually agreed that we would reduce his child support payment from the set semi-monthly amount of $650 to $542, simply because he agreed to maintain the girls on his insurance, pay for their travel tickets to California where he resides, and pay 1/2 of all school expenses and medical expenses. At the time of the mediation, we also discussed the arrearage, which was agreed that he would pay. Unfortunately, the attorney that represented me placed a verbiage on the paperwork that indicated "may owe arrearage" rather than "owes arrearage" because of this the child support office, or rather Department of Revenue, will not recognize it, and is not withholding the owed amount, which is climbing because the originally set amount of $650 is still reflecting as the child support payment that should be received. The attorney that represented is not willing to change that verbiage without me paying him $2000 again. What do you suggest?
Submitted: 8 months ago.
Category: Family Law
Expert:  JD 1992 replied 8 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

You have to get the order changed so, as much as I hate to suggest it, you may want to report the attorney to the State Bar and ask their assistance. They really can't make him do anything but many times this will result in the lawyer agreeing to correct the error at no charge.

The other possibility is to hire a different lawyer and have them do the work and then go through the State Bar to try and get some of your money back from the first lawyer to offset the cost of the new lawyer. $2000 is a lot to get agreed wording changed so if you call around then you can likely get a better price.