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AttyCBradford
AttyCBradford, Lawyer
Category: Family Law
Satisfied Customers: 643
Experience:  Criminal Defense and Family Law Attorney serving California Statewide
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Hello again. Please explain what this means under 2013 California

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Hello again. Please explain what this means under 2013 California Rules of Court , Rule 5.260. General provisions regarding support cases:(e) Judgment for support- (2)If spousal or domestic partner support is an issue in a judgment:

(A)Use of support calculation software is not appropriate when requesting a judgment or modification of a judgment for spousal or domestic partner support.

(B)Petitioner or the parties may use Spousal or Partnership Support Declaration Attachment (form FL-157) to address the issue of spousal or domestic partner support under Family Code section 4320 when relevant to the case.
From what people have told me, the judge will use the computer program to calculate spousal support. Is this correct? and if so, what does the above rule mean? Thanks again

AttyCBradford :

Hello what this means is when you are requesting a FINAL judgment and the issue is for spousal support that the disso master may not be the best reason, however, this seems to be an outdated and used rule. When determining both child and spousal support calculations in CA, 99% of attorneys use the computer program either dissomaster or xspouse

Customer:

so, during the OSC hearing for support, does the judge use this dissomaster/xspouse to determine what should be paid, or is it up to the attorneys to "fight" for a number for the respective parties?

AttyCBradford :

Both, generally each attorney runs the numbers and then if they can't agree the judge will decide

AttyCBradford :
Customer:

I am just getting a bit frustrated with my attorney. Last night I submitted a question to you about whether or not my husband's support offer was fair or not since I was questioning my lawyer's opinion that it was fair, when I disagreed, based upon an Xspouse print I had in my possession. I feel my atty is not even looking at this nor the other facts such as my husband's declared income etc and is just telling me to accept it because it is a "good offer". What can I do if my attorney keeps insisting I should accept the offfer and I am not happy with it?

AttyCBradford :

Why don't you fire your attorney? You have the right to have the attorney you choose you are paying for it.

Customer:

I already paid hm a retainer... how would I fire him? My OSC is two weeks away. I asked him to take a stand for me against my husband, but he doesnt even return my calls or emails...

AttyCBradford :

Oh I see. Well if you already paid him the retainer I wouldn't fire him , he most likely won't return it.

AttyCBradford :

try telling the judge at the hearing you think the numbers are wrong and your attorney isn't listening

Customer:

I think the atty will refund any balance on the retainer if I chose to drop him. In your opinion, if I was able to get an appointment to see another atty next week, would that be enough time for him/her to take my case and get me a fair judgement by the time of the OSC in 2 weeks?

AttyCBradford :

Most likely otherwise they could ask for a short continuance on the OSC what county is your case in?

Customer:

Orange county

AttyCBradford :

You should be able to find an attorney by then... It would just be a matter of possibly continuing your case to do the research on his actual income versus what he is reporting

Customer:

You have been most helpful, and I am aware of your law office as I did try looking you up. I understand you are not able to solicit or give details on this site, but I would like to try get an appointment with you outside of this site since you are also in OC.

AttyCBradford :

well thank you! But yes, we are not allowed to solicit customers from this website. But if you believe that your lawyer is not helping you or advocating you in the best manner, I strongly suggest seeking out other counsel that is local to your area.

AttyCBradford :

If your husband is making more money than what he is reporting on his income it would be best to probably do some discovery and determine what the issue is

Customer:

I understand. Thank you very much. You seem to be someone who will fight for your clients.

AttyCBradford :

I try my hardest feel free to ask any further questions you may have.

AttyCBradford :
AttyCBradford and 2 other Family Law Specialists are ready to help you

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