I think I got missed, so I'm reposting:

[Stephens Dad]

I apologize if I reposted in error:

#898, "Attorney making unreasonable requests?"

I had to reduce the visitation with my son for safety reasons (he has become violent at his mom's, the school and my home, and I have other kids in my home to protect) I can't allow him in my home until he changes his ways so we are trying to agree on various issues.

I am pro per while trying to work all this out, however I will retain an attorney if I go to court.

The issues are:

1. Child support amount: they agreed to the increased amount I offered based on a Dissomaster from my attorney. However, they want me to back pay the difference in CS starting from January 15. If I went to court, would a judge order back payments or simply order it to start on the day of court or a future date (as has been in the past)?

2. Attorney fees: First they asked me to pay the $4,000 retainer, then reduced it to $1,000. Would a judge order me to pay her attorney fees while I was pro per? (fyi: they have never stated how much the actual fees are, they just keep asking me to pay)

3. Health Insurance: I have insurance that covers my son at no cost to me other than copayments at this time. Because of his issues, he has been hospitalized 4 times in the past. The cost was over $12,000 each admission which insurance only covered less than $5,000 and we were not liable for the remainder. My insurance will change this year and I will be paying for the benefit yet unknown by how much. I have insisted she carry insurance so we have dual coverage and she refuses stating it's too expensive. After pressing this issue, now they say it's $100 a month which I believe it may actually be lower than that. Because my son's mental health is always an issue, would a judge order her to carry insurance on him to prevent a financial hardship on us both should we become liable for amounts not covered by my insurance?

4. I'm growing tired of their non-sense as it is going nowhere other than driving up the attorney's fees. I have stated to them that court maybe the only resolution and they backed down, suggesting we talk on the phone. I believe that I really don't have much more to loose and my chances are better in court if we can't resolve this:

a. Would it be better to just go to court and get this over with?

b. Or just stick to my guns and wait them out?


thank you

john

[socrateaser]

>1. Child support amount: they agreed to the increased amount I
>offered based on a Dissomaster from my attorney. However, they
>want me to back pay the difference in CS starting from January
>15. If I went to court, would a judge order back payments or
>simply order it to start on the day of court or a future date
>(as has been in the past)?

The court has discretion to award CS retroactive to the date of filing of the motion to modify. If you would have owed increased CS on January 15, had the court actually ruled on that date, then you will probably be ordered to pay additional support to make up for the amount you owe, or you could agree to pay a lump sum, unless you can prove to the court that the other party has backed out of a prior agreement to settle on a lesser amount -- this is nearly impossible to prove because generally negotiations that do not come to a written and signed agreement, are inadmissible as evidence to prove liability in CA.

>
>2. Attorney fees: First they asked me to pay the $4,000
>retainer, then reduced it to $1,000. Would a judge order me to
>pay her attorney fees while I was pro per? (fyi: they have
>never stated how much the actual fees are, they just keep
>asking me to pay)

More than likely the court would order you to contribute to her attorney fees in proportion to your relative support obligations, unless you can show that your opponent has unreasonably frustrated the settlement of the CS modification action (hard to prove). I don't have enough facts to analyze further.

>
>3. Health Insurance: I have insurance that covers my son at no
>cost to me other than copayments at this time. Because of his
>issues, he has been hospitalized 4 times in the past. The cost
>was over $12,000 each admission which insurance only covered
>less than $5,000 and we were not liable for the remainder. My
>insurance will change this year and I will be paying for the
>benefit yet unknown by how much. I have insisted she carry
>insurance so we have dual coverage and she refuses stating
>it's too expensive. After pressing this issue, now they say
>it's $100 a month which I believe it may actually be lower
>than that. Because my son's mental health is always an issue,
>would a judge order her to carry insurance on him to prevent a
>financial hardship on us both should we become liable for
>amounts not covered by my insurance?

CA law mandates that both parents carry insurance if available at reasonable or no cost through their respective employer(s). If she is employed and insurance is available, then the court will order her to buy it.

>
>4. I'm growing tired of their non-sense as it is going nowhere
>other than driving up the attorney's fees. I have stated to
>them that court maybe the only resolution and they backed
>down, suggesting we talk on the phone. I believe that I really
>don't have much more to loose and my chances are better in
>court if we can't resolve this:
>
>a. Would it be better to just go to court and get this over
>with?

Usually, unless there is some very obvious game playing on the part of the custodial parent, it's cheaper to just follow Dissomaster to the letter and move on with your life.

[Stephens Dad]

Thanks for the info, mostly was exacty what I wanted to hear.

I have tried to locate information on health insurance, but I haven't found anything that requires both party's to carry insurance.

Where can I read more about this law?

Thanks so much

john

[socrateaser]

[a href=http://www.leginfo.ca.gov/cgi-bin/displaycode?section=fam&group=03001-04000&file=3750-3753]Cal. Fam. Code 3750-3753[/a]