Legal Question in Family Law in California

A friend of mine is getting a divorce in California. She was not told by her lawyer to close the joint account where she is the primary account holder. Since, her husband maxed out the card $35000 and the credit card company will not recognize the court order that it is the husbands responsibility...he is not paying on the card hurting her credit..Is this grounds for malpractice. I think the FIRST thing her lawyer should have done is told her about this game and had the credit card closed. Am I right? Also, he is now paying her 1/3 of the original amount set for child support. How can this be changed without proof? Even with a supeona, he is not turning over his records. Is this another lawyer issue?


Asked on 11/27/11, 2:29 pm

2 Answers from Attorneys

That may well be malpractice, but without knowing all the details there is no way to say for sure. If there is an order that the husband pay the debt service, she needs to file with the court for an OSC re: contempt of the order that he pay the card. The same is true for the support payments. She does not need his records. All she has to do is file for a contempt order with a declaration that he is not paying. It is then up to him to provide proof of payment if he can.

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Answered on 11/27/11, 4:32 pm
George Shers Law Offices of Georges H. Shers

It certainly sound as though the attorney overlooked something significant that is causing her damages and may be below the standards of practice in the community. She, not you as you do not know all the facts [you can go as moral support but your being presence in discussions with the attorney might cause a waiver or disclosure of attorney-client privileged information] should meet with some divorce attorneys to see if there was malpractice and what can be done about it. The child support order can not be changed except by court order, which she should know. The subpoena may not be necessary unless she feels he owns more than originally ordered as the burden of proof is on him to show that a change should be made because of changed circumstances.

not proof read

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Answered on 11/27/11, 7:48 pm


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