CA Law question pertaining to Child support / Adoption Assistance /100% Disabilty payments VA (Needles: foreclosure, renting)

[Terminator Barbie]

I've been helping a friend through the meanest / nastiest divorce I've ever personally known of. I'll refer to him as J Doe...

J Doe was a victim of domestic violence during the course of an 11 year marriage in every sense of the term, including but not limited to financial control.

As a couple they we're foster parents for 4 years. Eventually she wanted to adopt, he didn't because of the financial implications in the event of a divorce. Needless to say she talked him into it after she had agreed that in the event of a divorce she would not seek child support.

When the situation became unbearable he moved out of the family home.

They were current on payments, had never been late.

She has lived in the home for 1 3/4 years making no payments (stating she was intentionally letting it go into foreclosure to destroy his credit) even though he let her have "all" monies paid from the Adoption Assistance Program which total $5,632.00 per month.

He receives 100% VA disability in the amount of $2,832.00

She went into court a few months ago and got a child/spousal support order for $1,400.00 per month, that's half of his VA monthly payment.


I've been reading a Supreme court ruling...
THE SUPREME COURT OF NEW HAMPSHIRE
Merrimack
No. 2003-531
IN THE MATTER OF DIANNE (WHITNEY) HENNESSEY-MARTIN
and Michael J. Whitney
Argued: May 5, 2004
Opinion Issued: June 30, 2004


I'm not a lawyer. I'm confused if this case is one that the Federal court is overruling the state, or what?

I need to find "case precedence" on a similar matter to find another ruling that helps to offset an unfair order such as this.

Is there anyone out there that can help me locate similar California cases that resulted in an "Off Schedule" child support amount?

He's a stand up man, if he was capable he would go to work to offset this financial hardship, but he is not physically not capable.

What he has left, after the marriage debt he assumed responsibility for, child/spousal support, he can't eat and pay his bills.

She's getting appx $7,000.00 per month, facing foreclosure this month, not paying to keep a roof over the children's heads as required by AAP, telling him and the kids she's moving them out of state, refusing to give him an address, any information, or any idea of the plan. She just uses the 14 year old son to drop these bomb comments on him during visits... "we're moving to Ohio next month". She's inflicting mental torture on this man still.

Yes he has an attorney, having visits every other weekend, waiting for next hearing to aim for 50/50 time share. He documents everything happening.

The JAG told us this is the 2nd worst case he's ever seen since he started practicing family law, and 5 years since he's seen one this bad.

Being the attorney has stated he's only seen one other case this bad I'm very nervous, she's been getting away with a lot. I feel like I have to help find the case precedence to have the support order set at a more fair and reasonable rate considering "all" circumstances involved.

Any suggestions, advice, recommendations are greatly appreciated.

Thank you

[Poncho_NM]

Originally Posted by Terminator Barbie

I've been helping a friend


I've been reading a Supreme court ruling...
THE SUPREME COURT OF NEW HAMPSHIRE
Merrimack
No. 2003-531
IN THE MATTER OF DIANNE (WHITNEY) HENNESSEY-MARTIN
and Michael J. Whitney
Argued: May 5, 2004
Opinion Issued: June 30, 2004


I'm not a lawyer. I'm confused if this case is one that the Federal court is overruling the state, or what?

The above case is a State case, not a Federal case. It is heard by the Supreme Court of the State of New Hampshire. The above case does not seem to have anything to do with Veterans Administration Disability payments.

I'm not sure where this post should be... But the title "CA Law question pertaining to Child support" probably is dealing with California State Law.

[Twinkle Toes]

CA is not likely to recognize a NH case. Better to find a CA case. Also, it is against public policy to contract away child support. Whatever "agreement" your "friend" and his wife had is void ab initio. If your "friend" isn't comfortable with his lawyer, he needs to get another lawyer. He should not have to pay a lawyer's fee and also have YOU put his case together.

[Terminator Barbie]

I can put his case together, but I can't go to the stand with him, I'm not a lawyer.

I'm curious about your comment "Also, it is against public policy to contract away child support" because her attorney sent him a settlement offer calling it a "global offer", marked " Settlement offer Privileged Communication Per California Evidence Code Section 1152 offering the following...

1. The parties agree that the Respondent shall pay $500.00 per month as and for monthly amount of child support.

Permanent waiver of spousal support by both parties

In exchange for...

Sole physical and legal to the adopted mom.
Allowing her to relocate only having to report her new address within 30 days after the move.
Stating visitation to be worked out between parties.
No rights to 50% of the marital property/assets.

is this not "contracting away child support" ?

He didn't take the offer, instead I helped him do a line by line response to the far fetched CFLR Propertizer she put forth with the settlement offer.

Two weeks later he was served by the Sheriff for contempt of court "not paying child support" for Nov/Dec, 2011 payments. He has proof of the cashiers check dated November 3rd, 2011.

Yes he is having problems this month because he paid a $400.00 filing fee and drove back and forth to Reno 4 times between Nov/Dec as his grandmother was in critical condition in a Reno Hospital.
Child support was turned over to the Child support division the month it was ordered. Maybe I'm wrong again but I felt it was child support that would come after him, not the other sides attorney.

The attorney filed the contempt on 12/20/2011 before the payment was even due.

I feel/believe the attorney is trying to strong arm/scare him into taking the offer.

He's not opposed to being a 50% father.

He's not opposed to her leaving state either.

H's opposed to paying child support for adopted children she refuses to let him see.

He jumped through hoops to overcome her false allegations, passing an anger assessment, completing 2 separate parenting programs (he did an extra one on his own).

He fought to have an order for 1 year of family counseling and got it, she pissed off about this and thus wanting to leave the state to get out from underneath this states/courts jurisdiction.

Is it wrong for her attorney to attempt a contract regarding child support in this manner?

or is just wrong for the parents to do it?

[Terminator Barbie]

Did I mention there is severe parental alienation at play?

[Twinkle Toes]

Originally Posted by Terminator Barbie

I can put his case together, but I can't go to the stand with him, I'm not a lawyer.

I'm curious about your comment "Also, it is against public policy to contract away child support" because her attorney sent him a settlement offer calling it a "global offer", marked " Settlement offer Privileged Communication Per California Evidence Code Section 1152 offering the following...

1. The parties agree that the Respondent shall pay $500.00 per month as and for monthly amount of child support.

Permanent waiver of spousal support by both parties

In exchange for...

Sole physical and legal to the adopted mom.
Allowing her to relocate only having to report her new address within 30 days after the move.
Stating visitation to be worked out between parties.
No rights to 50% of the marital property/assets.

is this not "contracting away child support" ?
He didn't take the offer, instead I helped him do a line by line response to the far fetched CFLR Propertizer she put forth with the settlement offer.

Two weeks later he was served by the Sheriff for contempt of court "not paying child support" for Nov/Dec, 2011 payments. He has proof of the cashiers check dated November 3rd, 2011.

Yes he is having problems this month because he paid a $400.00 filing fee and drove back and forth to Reno 4 times between Nov/Dec as his grandmother was in critical condition in a Reno Hospital.
Child support was turned over to the Child support division the month it was ordered. Maybe I'm wrong again but I felt it was child support that would come after him, not the other sides attorney.

The attorney filed the contempt on 12/20/2011 before the payment was even due.

I feel/believe the attorney is trying to strong arm/scare him into taking the offer.

He's not opposed to being a 50% father.

He's not opposed to her leaving state either.

H's opposed to paying child support for adopted children she refuses to let him see.

He jumped through hoops to overcome her false allegations, passing an anger assessment, completing 2 separate parenting programs (he did an extra one on his own).

He fought to have an order for 1 year of family counseling and got it, she pissed off about this and thus wanting to leave the state to get out from underneath this states/courts jurisdiction.

Is it wrong for her attorney to attempt a contract regarding child support in this manner?

or is just wrong for the parents to do it?

No. Contracting away spousal support is NOT the same thing as contracting away child support.

Another thing ... by your friend revealing the contents of the settlement offer to you, and you, in turn, revealing it to the whole world, it is no longer privileged.

Your friend really, really, really needs to seek the advice of a family law lawyer. Even better if he/she is a certified specialist. I don't believe you are going to be able to put this guy's case together in a way that is favorable to him. There are some underlying issues at play that really deserve the attention of an experienced, qualified attorney. If your friend lacks confidence in the attorney who is currently representing him, he needs to consult with another lawyer. Trust me on this.

[Terminator Barbie]

Originally Posted by Twinkle Toes

No. Contracting away spousal support is NOT the same thing as contracting away child support.

Another thing ... by your friend revealing the contents of the settlement offer to you, and you, in turn, revealing it to the whole world, it is no longer privileged.

Your friend really, really, really needs to seek the advice of a family law lawyer. Even better if he/she is a certified specialist. I don't believe you are going to be able to put this guy's case together in a way that is favorable to him. There are some underlying issues at play that really deserve the attention of an experienced, qualified attorney. If your friend lacks confidence in the attorney who is currently representing him, he needs to consult with another lawyer. Trust me on this.

I agree, thus the use of "J Doe"

I think I should have used different wording regarding support. Spousal support was set at $500.00 The child support portion has been $900.00 monthly.

Therefore if the attorney offered $500.00 there would be a $400.00 per month decrease in child support.

I also agree that a specialist should be putting forth and handling this case. Unfortunately he is not in the financial position to afford such a "Hot Dog" I believe his attorney has become very aware of whats happening here as a result of our thorough documentation.

I also believe that if I keep my nose to the books/information/research I can help to find information that can help his attorney help him

So far his options have been to take what is he being dealt, or go In Pro Pr and make a real mess of things.

I don't believe that just because a person can't afford a specialist that they should be forced to suck it up.

I believe in thorough, long term documentation and a lot of research.

I don't feel bad for coming forward to request assistance in finding similar cases in order to do my research. I'm willing to check every resource possible and that was the reason for my post. To netwrok with those who are willing to share successful "California" "case names" "case numbers" in order for me to research and understand.

Is there a problem/something wrong with research and understanding?

[Twinkle Toes]

No, not a problem, Barbie. I am an attorney. I gave you my opinion based on your posts. There are certain legal and equitable issues you will need to be aware of and how to address those issues appropriately.

I suggested a specialist because in your first post you did not know the difference between a state case and a federal case. Additionally, you did not appear to be aware that you need precedential cases decided in the state in which you are litigating. In a subsequent post you had spousal support and child support suffused. Perhaps that was merely oversight, but it is extremely important that you choose and use the proper words, as any deviation may alter the determination/outcome of your case.

There are a lot of underlying principles that lawyers and judges with years of education and experience know and understand that a lay person will not know or understand, and these aren't things you just learn overnight by reading a book. You will need to spend time in the law library, and ask questions if you don't know where or how to find something. The law librarians are extremely helpful in pointing you in the right direction, but they will not give you legal advice or advise you on how to put your case together.

It is admirable that you want to help your friend, and I truly wish you/your friend the best of luck.

[Terminator Barbie]

Originally Posted by Twinkle Toes

No, not a problem, Barbie. I am an attorney. I gave you my opinion based on your posts. There are certain legal and equitable issues you will need to be aware of and how to address those issues appropriately.

I suggested a specialist because in your first post you did not know the difference between a state case and a federal case. Additionally, you did not appear to be aware that you need precedential cases decided in the state in which you are litigating. In a subsequent post you had spousal support and child support suffused. Perhaps that was merely oversight, but it is extremely important that you choose and use the proper words, as any deviation may alter the determination/outcome of your case.

There are a lot of underlying principles that lawyers and judges with years of education and experience know and understand that a lay person will not know or understand, and these aren't things you just learn overnight by reading a book. You will need to spend time in the law library, and ask questions if you don't know where or how to find something. The law librarians are extremely helpful in pointing you in the right direction, but they will not give you legal advice or advise you on how to put your case together.

It is admirable that you want to help your friend, and I truly wish you/your friend the best of luck.

I agree full heartily with you.

I'm scared for my friend. For months he told me this is what was happening. I couldn't believe it until I went to court and attorney meetings with him.

I saw no real advocacy from his attorney. I began telling my friend he either had to make this attorney fight, find a new one, or chance making a real mess in Pro-Per.

I went to a meeting with the attorney last week when he stated he had only seen one other case so bad. Thanks for the sympathy buddy I was thinking but you need to know how to handle it.

I'v watched his attorney get his butt chewed for waiting 1 1/2 years to file a response to the original filing, and he filed it 2 1/2 hours prior to the hearing, no wonder the judge chewed his butt. His excuse was he thought the parties would settle, when there was "zero" sign of such/

I finally lit up the attorney telling him if I was his client I would get a loan for a specialist and turn both parties attorneys into to the BAR for illegal practices and failing to proceed to act on behalf of their client. None of which does anything to help my friend.

The attorney recommitted himself to the case stating he would give this case special attention meeting twice a week until handled.

I'm sitting with baited breath, and yes very willing to go to the law library to research case precedents. I basically just need to skim the summary and findings, then make a list for the attorney to review to see if there is anything he can use.

For the past 4 days I have been typing up the "frame work" on 5 declarations with many exhibits answering everything from contempt to property settlement. I'm taking it to the attorney tonight.

My intent is to help with as much where ever possible in order that the attorney will fight hard for my friend.

I am still of the mindset that a loan and a specialist might be the best avenue. We shall see over the next 30 days.

Thank you for your help.

[Terminator Barbie]

Quick update. The judge excepted his filing on OSC for "parental Alienation". I attached a full year of chat conversations between the two of them which proved such (his attorney did the filing). I've seen this judge in action. If he didn't believe the charge he wouldn't have put it on calendar/would have denied the request. We're going in on the 11th for 4 hour hearing. I guess this is where I bank on prayers ; )