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Advice on when CS is modified to a reduced amount and possibility that BM can get a pro-bono lawyer

StepG's picture

Submitted by StepG on Wed, 07/30/2008 - 2:09pm

I am seeking some advice/knowledge on BM and the whole lawyer deal. I posted a while back about what happens if BM does not get a lawyer. BM was served on July 15th with the official petition that has all of our claims and the proposed parenting plan. We have not heard one word from BM either about that....we thought for sure she would blow!

Anyway - H talked to the lawyer today and said what are we to expect now and she said that BM has till Aug 16th to get a lawyer or represent herself. H asked what if she cannot afford a lawyer and our lawyer told him that BM can be appointed a pro-bono lawyer...which to me is just the same as almost not having one. I thought though that pro-bono did not handle child support or custody cases. Would the courts acutally appiont her one? The lawyer said we are looking at a few months before anything is resolved. She did say that the child support would be modified and it would be pro-rated back to when we filed which was in May. Does anybody know anything about the child support being pro-rated back or about the free lawyer deal? Lawyer said once she gets a lawyer we will go through discovery...what is that? Lawyer said they needed last 2 year W-2's and his checking account records... Why they need his checking account records? We have no issue giving them but why they want them? Will they want BM's too?

Any knowledge or advice is appreciated. Thanks

Comments

Sia's picture

Submitted by Sia on Wed, 07/30/2008 - 6:38pm

pro-bono and court appointed. Pro-bono cases are cases attorney's handle out of the goodness of their tiny hearts (just kidding, not all attorney's are blood sucking parasites). Court appointed attorneys are usually paid by the state to represent criminals. In my state, KY, the state does not provide attorney's for anything other than criminal actions.

Anonymous1234's picture

Submitted by Anonymous1234 (not verified) on Thu, 07/31/2008 - 1:49pm

I am one of those bloodsuckers but also a stepparent....HORRIBLE SITUATION but they are adult. Anyway...courts in my state do not appoint attorneys probono for any domestic matters. If the spouse meets financial requirements she can get one state agency to represent her for free but the waiting list is usually forever. Sometimes, yes, we will handle a compelling case for free if our tiny little hearts speak to us but that is rare (tiny little hearts...have to make a living...we are not rich fatcats as some seem to think...would you work for free?)
If she does manage to get representation, discovery will ask for all that you mentioned and more. Checking account determines where your money goes and most states base child support on a worksheet of asets and expenses which you probably have had to fill out. The checking account will allow the other attorney to pick apart your stated expenses and determine if you are spending on something that they can make appear "frivolous"...lots of tricks here...If you have a good attorney< I would not worry. The story is always the same. Its only the players that change in our business. Hope this helps.