QUESTION
Can I file a complaint on an attorney who refuses to fight for back child support?
Asked on Oct 17th, 2011 on Child Custody - New Jersey
More details to this question:
My present attorney refuses to fight for back child support. I had my daughter for 12 years, my ex husband had her just since August and my daughter wants to live with me. She is now 13-years old. I have a full time job and my own house and he has no job and lives with his parents and as it turns out my attorney represented my ex husbands parents in a case a few years ago.
13 ANSWERS
Steven D. Dunnings
Yes.
Answered on Jun 02nd, 2013 at 10:39 PM
James Albert Bordonaro
That sounds like a conflict of interest that you should tell the judge about and request more time to hire a new attorney.
Answered on Nov 07th, 2011 at 9:43 AM
Criminal Defense Attorney serving Temecula, CA
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Joseph A. Katz Attorney at Law PLC
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First, your Attorney may, or may not, have a conflict in representing you. It depends upon whether your ex-husband was involved in the prior litigation or representation by your Attorney of his parents. Regarding child support arrears, you can only get them if there was acourt Order in place. The Court has no authority to awardmoney to you from the father for all the years you cared for your daughter while she lived with you, ifrequest for supportwasfiled and there was no order that he pay. There may be some remote exceptions, but prevailing on this issue is unlikely.
Answered on Nov 01st, 2011 at 9:30 PM
This appears to be a possible ethical violations case. If your attorney represented the parents of your ex husband, he shouldn't be representing you in a case against your ex husband. I would contact the New York State Bar Association with the information about your attorney to bring these to light. He has violated ethical obligations by taking on this sort of representation.
Answered on Nov 01st, 2011 at 4:09 PM
Seth D. Schraier, Esq. Law Office of Seth Schraier 3647 Broadway Suite 4G New York, New York 10031 Cell: (914) 907-8632 www.SchraierLaw.com
Sounds like you may want to look for another attorney for various issues/concerns you have. However, it is rare to get back support awarded since the change on that law years ago.
Answered on Nov 01st, 2011 at 3:17 PM
Patricia C. Van Haren
Your attorney can not seek back child support unless there was a support order in place during the time that your child resided with you. If you did not request child support while your daughter was living with you, you have no grounds to seek back support now. If you are not happy with the way your attorney is handling your case, you are always free to seek out another attorney.
Answered on Nov 01st, 2011 at 3:01 PM
Family Law Attorney serving Pasadena, CA
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Law Offices of Paul P. Cheng
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So... That does not necessarily mean it is a conflict of interest. Back child support for what? Child support can be made retroactive only to the date you served your OSC.
Answered on Nov 01st, 2011 at 11:57 AM
General Civil Trial Practice Attorney serving Beaverton, OR
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Vincent J. Bernabei, LLC
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You should get another attorney to represent you if you are dissatisfied with your current attorney.
Answered on Oct 31st, 2011 at 6:40 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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It is impossible to answer your question from the information you have provided. An attorney has no obligation to "fight" for anything and his obligation is limited to carrying out whatever he agreed to do on your behalf upon the condition that you pay him for that service. If he originally agreed to pursue a claim for back child support, and took your money, you MIGHT have a legitimate complaint if he is refusing to refund your money and has not given a valid reason for that decision. But, since you don't give any explanation as to why you even believe back child support is due, it is impossible to determine whether the attorney is "refusing" because he doesn't believe the law and facts are on your side or for some other reason.
Answered on Oct 31st, 2011 at 6:12 PM
William C. Gosnell
You are entitled to back child support. Change lawyers immediately and go for it.
Answered on Oct 31st, 2011 at 5:47 PM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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By statute you can only get child support from the date that a motion to modify child support is filed. If you believe there is a conflict with the attorney's representation, you can discuss it with the attorney.
Answered on Oct 31st, 2011 at 5:47 PM
Mediation Attorney serving Bloomfield, NJ
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Cassandra T. Savoy, PC
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If you are suggesting that you want your husband to pay child support going back twelve years, then your attorney is correct. You only get support beginning on the date you request support and the alleged father is proved to be the father through DNA testing. This means that if for eleven years, you did not request child support, you are not entitled to it now. If you requested support and the court issued an order, then you can enforce your judgement. There is no such thing as "fighting for back support" as you are not legally entitled to it except as noted above.
Answered on Oct 31st, 2011 at 5:46 PM
Family Law Issues Attorney serving Camarillo, CA
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Laurie Peters & Associates, APLC
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If you don't like the way your attorney is handling your case, you should hire someone else. I'm not sure what you mean by fight fore back child support. Child support, in most cases, cannot be modified retroactively.
Answered on Oct 31st, 2011 at 5:46 PM