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Someone please tell me what to do!

losingmymind's picture

So we have court in less than 30 days. We paid an attorney. This attorney has not even called us back after we paid him in MARCH! I have called and called. Finally sent in a faxed letter last week begging for some response as to whether we have representation or if he just wants to return our money. His office jumped. Admitted guilt and set up new phone conference. No call again. This was a week ago. No call in yet another week. Now his contract says that the fee is non refundable if we decide to terminate but isn't he the one deciding to breach his contract instead? He was according to the motion supposed to file a motion before the BM's attorney did. Well, since he hasn't done a thing and we have a court date obviously he has missed the boat. Breach of contract?
Well, second delima. We live out of state. I can't just go to the court house and pull records etc. I need to know for sure who all is covered in an insurance policy. It affects the health ins. costs significantly if BM's husband covers his two children from his first marriage. Should I call his ex wife? Would that make a big huge mess in court of harassment? I just don't know what to do!! This sucks!! We told the attorney when we hired him that we could only afford one or the other. Either it was to hire him or do it ourselves and pay to go to that state with all the expenses that would include. Oh, did I mention that DH was laid off three weeks ago. Union. He can't just "go get a new job" or he can be in trouble with the union. So now we are out our attorney money and have no funds to appear in court either.
To top it all off.....BM just let DH know three days ago that they are moving to a new home on the 29th. Um....not thirty days notice by my calculations. She had the nerve to have DH repremanded last court because we hadn't given her a 30 day notice of moving but SD wasn't even with us for another 3 months at the time. It didn't affect her but she sure had to make sure and bring it up then turns around and does it to DH. It's always "do as I say not as I do" with that wenchy woman.
Last thing then I'll stop....DH had been getting scanned in copies of SD's report cards until the 3rd quarter. 2nd quarter BM made a note that all the 6 tardies were really just by a minute. (they live one block from the school!). Now for some reason DH can't get her to send him one for the 3rd quarter. He is going to call the school and speak to them tomorrow. My gut tells me that if she is not sending it this time it is for a reason and that is to cover something up. Remember...SD failed school last year and had to be held back and when DH got school records was floored at how much school SD had missed and the amount of tardies. He told BM that SD had to actually BE at school to pass it!
Thanks for listening! Smile

Comments

Most Evil's picture

Call atty.'s office and say if he does not do something immediately you will be forced to file a complaint with the Bar. Is your DH signed up to receive unemployment? If not sign him up and last, if you pay child support the school must provide you access to grades and attendance. Go over whoever won't give it to you's head, we have had to raise cain to get this before and ended up working with the principal of the school.

"A lie told often enough becomes the truth." - Vladimir Lenin

losingmymind's picture

He does get unemployment. He is in an apprenticeship program so he can't just tell the union to jump off a cliff or he can get kicked out of the program. He has school hours that he will have to go in for during the day now since he isn't getting any ojt so we still get to pay for daycare. I work thankfully so I pretty much support us anyway but it still sucks. We are just in a bad spot because at the last child support hearing/visitation modification BM had an attorney and we didn't. The attorney typed up his journal entry and the judge said that if DH didn't agree we were to send a response in writing as to why. Well, we didn't agree. His calculation did not allow for the fact that we have child care expenses for SD when she is in our care. We didn't know to type up a journal entry so after 3 months of nothing the judge finally signed BM's and we had child support raised. It is against all the guidelines. You can't raise someones support because of increased income (at the time) and not count the expense of child care in order to have that income. That is why we opted for hiring an attorney this time. We didn't want to get screwed again!

Sasha's picture

this is the down side of unions. Unions were designed to protect workers, not hinder them. While I understand he can't just tell them to take a hike, I also don't believe they should be able to exert that much control over a person.

melis070179's picture

I would call that attorney right away & say you are filing a complaint with the ABA. Thats is ridiculous. Can you get cs lowered now that he is laid off? I guess you'd have to actually be able to speak to your lawyer to know that, huh? I would say notify attorney, if you don't get a call in 24 hrs, actually call the American bar association and see what they say to do.

"You never realize how short a month is until you pay child support"

WowjustWow's picture

have an attorney in your state call his office. Do you have any friends that are attorney's or paralegals?

Otherwise I would call every 10 minutes until you get an answer, and if no response I would call the bar association ASAP. Report that they have not fulfilled any part of their contract to date and they will not return your money.

DH works for an attorney, they don't want to deal with losing their license. And complaints to the bar stay on their records.

Cheyenne Arizona's picture

I wouldn't call the attorney, since you cannot get ahold of someone, I would fax over your intentions to file a complaint and then do it.