Legal Question in Family Law in California

I filed and had a Hearing based on the Family Court Judge ordering the Respondent's Attorney to compose the Court Order. The Respondent's Attorney responded by having an award of Attorney's Fees of $4,000 brought against me as bringing another frivolous motion. I responded by saying the following as supporting information: "I believe that Respondent's Attorney, on purpose, does not follow through on what she is legally obligated to do; therefore, I have no choice but to file papers and notify the Court of the miss deeds. This gives Respondent's Attorney the opportunity to claim I am bringing another frivolous motion and she hopes to provide her client another opportunity to reduce the full amount of Spousal Support Arrears that he owes." To make a long story short: Under "2014 California Rules of Court, Rule 5.125 (b)(1) Respondent's Attorney served me "Copy of Proposed Order". Rule 5.125 (c)(1)(B) I served Respondent's Attorney with "Alternate Proposed Order". Rule (e) Respondent/Attorney did NOT do. Respondent Attorney sent in her Original Proposed Order to the Court (as if I had approved) and had that Order become the Court Order; also this is not the first time. We had to come back to Court a year later because she did not put in payment date of the Spousal Support Arrears her client owed me (wiggle room for her client when to pay). My question is when we went to the Hearing Yesterday, the Judge and Respondent's Attorney acted as if they had a previous meeting and Respondent's Attorney said that she had withdrawn request for Attorney Fees and both Judge and Attorney acted as if they both knew what was to be ordered. Do you think that the Judge Reprimanded the Attorney for what she did not do as required by the Rule and did the Judge cover the Attorney's (b.....) for something I could have filed against her? I am just surprised at what happened prior and during the hearing and just trying to figure out what.


Asked on 12/12/14, 6:26 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

You did not fully understand the process. In this case the other attorney should have either removed the attorney fee provision or notified you that she was sending her version of the order to the court. your next step would have been to send your version of the court order to the court for a signature. The judge would have then decided which order to sign. If the judge is uncertain as to which order is the proper order the judge would have called both of you into court to discuss the matter. If the other attorney does not prepare the order then you should prepare the order. Send the other side a copy and after 10 days send your order to the court along with a letter explaining what you did.

The judge and other attorney did not have a discussion before the hearing. They both what the order would be well prior to the hearing.motion you should consult with an attorneyet y or better retain an attorney and request that your attorney fees pay your attorney fees.

If the other side is talking about your filing frivolous

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Answered on 12/13/14, 9:31 am


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