Legal Question in Family Law in California

I lost a motion to set aside costing me $94,000, because my lawyer neglected to

I'm losing a motion to set aside a judgement against me to pay back child back support in the amount of $94,000 because my lawyer failed to file the motion on two separate occaisions-I admit I didn't know I needed to change the support order-but my ex and I shared custody 50/50 for a number of years and then I moved he was only paying 500 a mo.I asked for an increase in child support when I did this he hired a lawyer and black mailed with the 94,000 to drop the court case and never request an increase under penalty of further financial pains in the amount of $10,000- My dilemma is that I relied on my attorney to competently represent me and she didn't lift a finger to get the order set aside, now I'm at the mercy of my ex-husband and I'm out of time.Can i be held accountable for the inactions of my attorney-she has since left her practice under sanctions from the court , but is that all that the court is willing to do-If I try to stay and fight for whats right I'll get nailed with a 94,000 dollar hammer and if I don't,I'm in the same situation that I was from the start or worse, struggling to support my children and possibly losing my home-there must be some case law sighting a solution- PLEASE HELP!


Asked on 3/31/04, 2:47 am

1 Answer from Attorneys
PATRICK MCCRARY PATRICK MCCRARY

Re: I lost a motion to set aside costing me $94,000, because my lawyer neglected

You need advice from a competent attorney, who can review your paperwork. This is much too complex to handle in a paragraph or two. He will need copies of pleadings and orders as well as copies of your retainer agreement and correspondence with your attorney. Good Luck, Pat McCrary

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Answered on 3/31/04, 11:24 am


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