Legal Question in Family Law in California

Keeping me court poor

Been divorced 2 years, xhusband is constantly threatening to take me back to court for modfification of custody. He has 50% but I have physical.First cutody battle cost me about half of what I make yearly, it took me 2 years to pay my attorney off, now my x is doing it again,between my income,and child support, my children and I just make ends meet, is there a law that will keep him from constantly bringing me back to court,in oder to keep us poor, and him in control of our lives, Ican't even aford to take my children on a short outing, vacation, because I have to save as much as I can, so I'll have enough to pay the next attorney, My x has two incomes, his and his fiancees, and together they make 3 times more than I do, and they do combine thier incomes with joint accounts.


Asked on 8/29/03, 2:59 pm

2 Answers from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Keeping me court poor

Should he again file for a change of custody or visitation, in your response request that he pay your attorney fees. IN this request set forth each of his prior motions and the amount of attorney fees that you had to pay. Request that these fees be paid under family code section 271 which allows the court to award attorney fees and additional amounts as punishement for his failure to act in good faith.

This request may get his attention. If it does not the court should by ordering him to pay your current attorney fees plus additional amounts.

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Answered on 8/30/03, 12:44 am
Donald Holben Donald R. Holben & Associates, APC

Re: Keeping me court poor

Please call to discuss. There are ways to help and to ask the court for him to provide reimbursement for attorney fees. Don Holben 800-685-6950

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Answered on 8/29/03, 4:22 pm


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