My friend's mother is fighting for child support on her youngest son. She doesn't have enough money for a lawyer. I've seen the "we get paid only if you get paid" lawyers for personal injury cases, but haven't seen any for child support. Do they exist? Does she have any other options?
2007-09-10 09:27:38 · 5 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
A contingent fee is illegal in a child support case. The reason is that the fee would be taken from the child support and that is improper.
Every state has a child support office to collect child support. In my state, and in many others, it is called the IV-D Prosecutor. Look online for your prosecutor or district attorney and call them and ask for assistance.
Good luck, if you post your state I can post some additional info (or you can email me).
2007-09-10 09:33:24 · answer #1 · answered by Anonymous · 1⤊ 0⤋
Personal injury lawyers get 33% of the award. Child support should have been in the divorce order. Talking to an attorney is a suggestion but, many who win cases "forget" they owe the attorney so upfront fees are charged. She could also include in the case that her attorneys fees be paid by the one she is asking support from. Sometimes granted, sometimes not.
2007-09-10 09:37:24 · answer #2 · answered by sensible_man 7 · 0⤊ 0⤋
It is illegal for a lawyer to charge contingency fees in divorce and child custody cases. To my knowledge, no jurisdiction will allow a lawyer to take a piece of the child's money after the case is won, so your friend's only solution is to figure out a way to pay an upfront retainer.
If she is truly indigent, she should contact the courthouse about having a lawyer appointed for her, the Legal Aid, or, as a last resort -- a local law school (law schools run "clinics" for cases rejected by everyone else).
2007-09-10 09:35:27 · answer #3 · answered by Rеdisca 5 · 0⤊ 0⤋
No. Child support judgments and personal injury awards are two different things. Lawyers exist to make money. A child support judgment awards money to YOU, to support your CHILD, not your lawyer. Judges will not award you attorney fees either (at least in California) for this type of civil case. It is in essence an injunction, to effect the spouses' continued financial support of their kin, and not monetary relief. A personal injury award however is monetary relief; an award that can come into the excess of hundreds of thousands.
2007-09-10 09:35:24 · answer #4 · answered by Anonymous · 0⤊ 0⤋
No---not for child support. you will need to pay for the attorney, court costs, document costs etc.
however, meet with an attorney - as your first meeting is usually free. discuss a payment plan with him...this is what i did and it did take a while to pay him off...but it was well worth it.
good luck :)
2007-09-10 09:32:21 · answer #5 · answered by Blue October 6 · 0⤊ 0⤋