Hello,

My son is 12. In 2006 after 2 1/2 years of trying to child support modified, We finally found a lawyer to help us. That was the one and only time he ever did well...

In 2006 the courts stated my ex ( non married ) had to produce his earning to me by FEB 28th every year for modification allowance.

I hadn't gotten any info until this year ( 2011 ). I had to hire an attorney ( from before ) to get the paper work. My attorney said it was open and shut. He makes XXX You make XXX and you file the modification.

That was in April. I had a 1099 and a W2. He calculated my earning to be more because he said I forgot to tell him it was a 1099. ( I gave him all the copies ) So that was about a weeks worth of stall.

Since then my kids dad has stalled. At one point he wanted to pay a couple bucks... I received a letter from my attorney saying they agreed to XXX on July 16th and I should come in and sign the paper. I did the next day.

3 weeks later I get a paper saying he has new DEMANDS if he is to agree to that amount. Everything from changing weekly visitation to NO summer visitation for myself and taking the exemption. WHAT?? My lawyer said we can go right to the court OR you can deny that and give him a week to agree to the amout they decided on. I gave him the week. He had no response.

I have been taping the conversations with my own lawyer.

I have only asked for the child support to be modified as was ordered for review in 2006. Straight and to the point.
My questions:

1. My lawyer never asked for a retainer or gave me a bill or had me sign a contract. He has done NOTHING but send a couple letters to the other attorney. I told him on our first call that he needs to ask for his fee's be paid by my Ex if he wasn't going to comply. He never did that. I also asked him to start putting in time lines ( please respond within 7 days ) and he didn't do that until the very last letter he sent. Do I still owe him?

2. If I do go to court for the modification, can I ask the lawyer fee's to be paid by my ex since he drug his feet for so long?

3. Can I ask for the support be in rears since he's argeed on 2 amounts and never followed through?

4. If for some reason a judge says no, Can I sue my EX in small claims for attorney fee's in this kind of matter?

1. Yes, but he has to provide a detailed itemized bill that you can dispute if inaccurate.

2. You can ask for attorney fees to be paid, but if YOU brought the action it is unlikely that will be granted.

3. You can ask for support from the date you filed.

4. Again, if you brought the action its unlikely attorney fees will be granted. However, if your ex has been clearly delaying things it might be granted.

If you believe your attorney is billing you incorrectly you can protest his bill and maybe file suit.

P.S. We do not remove questions as clearly stated in our Terms of Service.

4. No.
If the current judge denies you attorney fees, you cannot simply file a new case and expect to get them. Lawyers have a phrase for this principle: res judicata. It simply means the issue has already been decided by a court and cannot be re-litigated.