Can I refuse to give a lawyer documents in family law?
my husband is filing for modification for child support because he lost his job a year ago and he tried to keep up but is to high. the ex went and got a lawyer and want to obligate my husband to pay her lawyer plus us to get a lawyer and also she denied the modification because she does not want it to be modified. i am the only one that is working we can not afford a lawyer and child support told us that by doing it by court is the only way why she hired a lawyer, if is only a modification, can we stop this and if we give the lawyer all the document they are asking is saying yes to her demands, the court told us that they will set up a date and wait. what can we do she is harrasing us.
thank you for your answers now i know what to do, i am very prepare people are telling me than i am more prepared than a lawyer. i know that God and the law is in our side and this time justice is going to be served. for the other partie they will have to be prepared for what is coming for them .
3 Responses
sensible_man
09 Feb 2010
reddpuss
09 Feb 2010
Take a copy of the documents to court with you, just in case the judge tells you that you have to give them the information, but while you are at court take the opportunity to explain to the judge why you cannot afford to pay her lawyer fees. If you cannot afford a lawyer for yourself then how can you be obligated to pay for an attorney for her. the judge may allow her to receive an increase, but you may not have to pay for ther attorney and all the other fees. you should also try to show prrof as to why you cannot afford an increase, but if I were him I would be the first to produce a compromise in saying that instead of paying to her and extra 200 a month that you have worked it out so you can pay an extra 100 a month.you have to keep in mind that he cannot and he should not try to get out of the obligation of paying for his child and if he shows up just saying that he just cant afford to that is not the best excuse because the child suffers
answers2question
09 Feb 2010
You should at least consult with an attorney. Go to the Alliance for Non-Custodial Parents’ Rights, they have lots of resources to help you. You can research case law in your state at your local university law library, if you have one. You can find a lawyer by posting your question on lawguru.com. But he cannot get a support order waived simply because he has lost his job. He may be able to get it reduced if he can demonstrate hardship, but it is difficult if she will not agree to it.
The Child Support Bureau told you the truth. Only a court can make modifications. I have been where you are and ended up going to court without an attorney. Not the best idea, but you do what you have to. Make sure all your facts are documented and hope for the best. If there are low paying jobs in your area that are available, the judge may force your hubby to take one of them to pay the support.