Arrears

[mandi]

I this question in one of the forums you answered back:

First, are you aware that the court can't grant arrears prior to the date of filing of the petition?

1. Does this apply in all states?

My reason for asking this question is that before my hubby went into mediation in April of 2002, he was giving BM $200.00 a month in CS.  During mediation he was told by the mediator that he had to pay BM backpay from the time the child was born.  And the mediator told him that the judge would make him pay the whole amount if he was to take it to the judge because they had settled on like half of what the BM's lawyer figured out.  So, hubby was ordered by the mediator to pay an extra $70.00 a month for the backpay until the whole amount was paid to BM.

2. If this is true for all states, is there anything that can be done about this situation now?

*~Mandi~*

[socrateaser]

>1. Does this apply in all states?

Yes. Federal Law.

>2. If this is true for all states, is there anything that can
>be done about this situation now?

No.

[mandi]

Dear Socrateaser,
   Thanks for your response.  I do have just one more question for you, please.  I believe that since this is true and our lawyer was in the room with us and did not say anything about it not being right, and my hubby and I being young and not knowing anything, you know, we depended on our lawyer to work for us, i mean, we paid him enough.

  This is so unfair to me, because every chance this Bm gets, like when my hubby informs her that he is going to excerise one of his long visitations with his daughter, like Christmas, she tries to make it a huge thing.  And then when she finds out that she has to let my hubby see his daughter for a long period of time, she ends up taking him back to court for the backpay and they end up granting her a small sum of the money to be paid by a certain date.

Anyhow, my question is:

1.  Would it hurt for us to bring this situation up to our current lawyer and have her to maybe try and bring it up to the judge?  Or just leave it alone and accept that we basically got screwed by not only her, but our lawyer at the time as well?

I am sorry for asking you about this again, but it just upsets me that you pay someone to work for you and they do nothing.

*~Mandi~*

[socrateaser]

I understand your annoyance. Your only case would be against your old attorney. And, in most states the statute of limitations for suing an attorney for malpractice is very short -- for obvious reasons -- attorneys make the laws.

You are probably wasting your time -- especially with the judge, who is, of course, also an attorney.

If your new attorney gives you advice and you want a second opinion, then this is the place to get one. Ask me.

[mandi]

Thanks you so much for your advice and time.

*~Mandi~*