Legal Question in Family Law in California

Non-Allocated Support Check
In divorce process. My spouse vacated & hasn't paid mortgage since leaving. I'm unemployed. My spouse & I have 50-50 physical & legal custody of our 2 yr. old son. By court order, non-allocated monthy support, 1/2 of what child & alimony 5 months ago. 1st month - no check. 2nd & 3rd month a check came but payable to the mortgage company. I wouldn't cash them & returned the checks. 4th month one check came in the amount of one month, payable to me, but annotated for mortgage payment - 60% of mortgage. I won't cash it. My atty told me to cash it or he'll withdraw from representing me. I fear: 1) My spouse will try to claim mortgage interest deduction on taxes 2) My atty. is to file for spousal & child support. My spouse may claim it to be lower due to a partial mortgage payment 3) Losing representation 4) The unknown! My atty said the annotation is meaningless. True or not? My atty. initially threatened a contempt of court citation, but later threatens to withdrwal if I don't cash it. Why? What do you think of my atty.? Thank you for your help.

Asked on 9/03/01, 2:36 am

Ken Koury Kenneth P. Koury, Esq.

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0 attorneys agreed

Re: Non-Allocated Support Check

your attorney has what we call a problem client. I would suggest he drop the case.

Answered on 10/01/01, 11:41 am

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