Legal Question in Family Law in Rhode Island
Desperate need help with modification in child support
I have been paying almost 1700.00 a month in child support for the past four years. I left RI and moved to Fl due to business in 2005. Last July I lost my job and my lawyer in RI filed modification in Sept 07. Up till today the judge has refused to modify my child support thus the amount adding up. My lawyer has my work log with me trying to find work but Fl has been hit hard and I have not one cent to my name and she knows I am an honorable man. I have a new court date in Aug and still have not found work. My lawyer basically has stopped working for me and now just sent a letter telling me I had to pay her a substantial amount or I would have to find another lawyer! Can she do this? The court took my cenus check, my income tax and put a lien on a small case I have from being hit by a drunk driver. My lawyer also always charges me 200 an hour now without my knowledge she is charging me 350 an hour. Can she do this. Please help. I have been looking for work and my ex sat on her butt for four years when she was ordered to get a job and never did. She now has full time work and health benefits and refused to put me on her medical. She told my lawyer it would cost too much and my lawyer did nothing about this. Please help
1 Answer from Attorneys
Re: Desperate need help with modification in child support
Your attorney should have documentation as to your agreement with her for representation. Your attorney is entitled to ask for monies for her services in advance if this was the agreement you entered into with her. An attorney may move to withdraw from your case but must have the permission of the court and you have the opportunity to oppose that with withdrawal at the time of the hearing on the Motion to Withdraw filed by your attorney.
An attorney may not unilaterally change his or her rates. The rates may only be what you agreed to with the attorney in your original fee agreement or as set forth in documents exchanged between you and your attorney confirming the terms under which the attorney was engaged. If the attorney unilaterally changed your rates without your knowledge and outside your agreement, she may be subject to disciplinary action if you file a complaint with the Committee on Professional Conduct.
If you are divorced, there is no health insurance plan in Rhode Island that I know of that will accept you as an ex-spouse unless it was provided for in the Final Judgment of Divorce.
There is not enough information to know why the court has not ruled on your Motion to Modify.
This matter must be deeper than the information provided. The response here is only limited to the information provided.
If you decide to consider an alternate attorney to represent you, please feel free to contact me.
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