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My boyfriend has a three year old son. He is currently paying child support and repaying back child support. He is in danger of getting laid off and with all the wage garnishments, he is having great difficulty making ends meet. He barely takes home $700 a month.
The mother of his son recently got married to a man who she said owns his own business. And now my boyfriend has seen his son far less often now that the mother and her husband moved away. (She refuses to drive the additional 15 miles because of gas prices and my boyfriend lost his car in an automobile accident last year and cant afford to buy a new one, otherwise I'm certain he wouldnt mind driving the extra distance to see his son)
She has physical custody of the son. We all live in Los Angeles county, California. I understand he has to file a motion to request a reduction in child support payments and have scheduled visitation rights. Can he go about this without involving a lawyer? He doesn't have any cash to spare. Since he can't afford one and if he is appointed a lawyer, would that lawyer truly work hard for my boyfriend's case? Is there anyway the courts can force her to get a job. She is voluntarily unemployed. She promised the court she would attend school and she dropped out a few months back. Does this fact support my boyfriends case? Does her marriage impact the case at all?
He should go for the court appointed lawyer and file for child support reduction and visitation amendments. The court can not force her to work. It wouldn't affect or support his case anyway. He would still be responsible for his share of child support anyway.
The fact that she is remarried has no bearing on him being responsible for the child. Also, the courts don't "appoint" lawyers for this type of case, since it is not a criminal case. Basically, he is responsible for supporting the child, so this doesn't warrant a lawyer in the same way as if he were facing criminal charges. He would be voluntarily fighting the case. He has the option of filing for the reduction, which is a matter of paperwork and the judge making a decision based on the circumstances. Unfortunately for him, when it comes to visitation, he is responsible for providing his own transportation to visit the child. He has a case against his ex if she is keeping him away from the baby and you didn't say that was the case. Since you are all in the same county, she wouldn't necessarily be responsible for taking the child to him. This situation might be handled differently had she moved out of the state.
Here are some thoughts: What about public transportation? Can he get a bus or cab to go see his child? Has he talked to his ex to see if she could meet him halfway? Maybe meet somewhere neutral like a shopping mall or park. Do you have a car that you could help him with the transportation issue?
I also have to say this, not to come down on you, but you said, that you're certain he'd drive the extra to see his son... how are you so sure? The reason I ask is because if it were me, I'd be doing ANYTHING I could to see my child, even if it meant saving all my spare change so that I could afford a bus token to see him each week. Also, have you thought that things might not be so rough for him (paying back-support) had he done the right thing from day 1? Again, these are just questions...
This is not a criminal case, so there is no need for a "defense attorney". "Public defenders", "court-appointed" lawyers are not used for child support.
Actually, I was trying to keep the message short. But here are a few more details. He does want to go see his son as often as possible. However, when she moved away with her husband she didn't tell him she moved out of her parents house for about 3 weeks. That is where my bf would pick up his son. Finally when she told him she moved, she didn't tell him what her new address was for another week. So his visitation time was completely in her hands, whenever she felt like dropping off their son at my boyfriends place. (And yes, I know he wasn't completely at her mercy, its his fault for not taking her to court then and there). Another thing, he has unreliable transportation since his accident last year. He drives a 1970 truck, which costs him about $75 just to fill up every week. while she drives a new year model sedan. I try to help him as much as possible but I live about an hour away from him so he could'nt borrow my car. In fact, I lent him money last month to pay for a new radiator. He has attempted, several times to reason with her and asking her to meet him half way. And she still says he should pick him up at her house while stating that he's an unfit father for not making the drive and that she shouldn't have to waste her gas. And yes, he took the metrolink on two occasions, having to leave work early just to make it on time. This past weekend was the first time my bf saw his son in over a week and that was because I drove him to her house.
He is in no way refusing to pay child support. Before the CS payments, he used to give her cash. (I know, very dumb move in his part). But when she applied for food stamps, the state went after him for child support and he had no proof that he shouldn't pay the back child support. Actually, she would receive more cash when he gave it to her directly than now.
I don't mean to make this whole thing sound sappy, but does that sound fair to you? But again, these are just details.
Yes, Kirope, there is public help to enforce child support, but there are not "court appointed" child support lawyers. However, that does not mean that there may not be certain firms that offer their services pro bono. But they are NOT paid for by taxpayers; these are attorneys that voluntarily donate their time. It may take some research and a lot of dialing, but Vuala, this would be something your bf can search for. Some firms also offer free consultations where they can let him know if he even has a strong case against her yet.
If things are the way you say, where the ex is being uncooperative, your bf can begin to build a case when it comes to enforcing visitation. He would need to keep a record of the instances where she is intentionally making the child unavailable to him to visit. It would be a good idea for him to start keeping a journal of his attempts at visitation and the outcome. This way, IF it does go to court, he'll have proof that she has been inhibiting the relationship with his child. If it gets to that point, the courts will mediate the visitation by forcing her to meet him at a neutral location for him to pick up the baby. They will also regulate the intervals (twice weekly, every other holiday, etc.) If she doesn't comply, she'll be in contempt and could find herself in big trouble.
But before we get that far, tell him to start logging his interactions with her. Also, let's keep in mind, child support is a separate issue from visitation. Even if he didn't pay child support, she can't keep him from his son. (Of course, though he SHOULD pay CS.)
It is true that there are no such things as court appointed attorneys (or any other name there might be) for the payor side of child support. If you live somewhat nearby a major university (one with a law department) you can check there for pro bono type stuff. I know before getting my accounting degree I had to do some and I know they like the practice too. I would suggest getting a case together and trying to get a free cosultation or an appointment with a law student to see if there is a strong case or what you/he needs to do to improve it.
most areas have legal aid departments, the level and type of help you will recieve will vary. Many will help with paper work but do not appear in court for you. Others may. They are normally very busy and often behind or backlogged.
But at times these are regional For this where I used to live in TN, there was one office with I think 4 people that handled about 10 counties, so you can understand it was more fill in the blank type paperwork they helped you with.
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