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Poll: how much money have you spent on court costs?

dsngrl's picture
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Our attorney notified us today that we have exceeded our retainer of 2500. The only thing we have done is attended a pre-trial. I think this is outrageous considering the fact I think she hasnt done anything we couldnt have done ourselves.. but anyway. just curious.. is this normal? How much should we expect to pay in total? (we are defending ourselves in a motion to modify custody case)

dsngrl's picture

this is going to be tricky and I can already see a fight brewing. I believe i cant support my husband in draining any more of our money on this.. He has faith in his attorney but we are young, and just starting out, we cant afford to pay anything else and not to mention the attorney hasnt really been forthcoming in her plan of attack. I am quite skeptical of her ability.. Husband just wants me to trust her.. I dont know. I feel torn. He will probabably tell me to go along with whatever needs done, but how much is too much?? what if we arent satisfied with the outcome after spending so much money?

dsngrl's picture

The grounds are: dh hasnt complied with the parenting plan on numerous occasions (lie). DH has created a hostile environment for son against BM in his home (lie). She supports two children. (only one child is DH's). This is also a lie. We support son. we pay for everything. daycare, health insurance, everything. She does not pay a dime. So there are the details..

You say we should "settle". How do we settle when she wants the whole ball of wax? What does that mean? Right now it is 50/50 joint legal/physical. So how is settling before a trial even possible?

I am confused and sad.

dsngrl's picture

Theres no child support. DH pays a thousand dollars in daycare per month. That is what they agreed to when they made the pplan two years ago. And yes, DH has always complied with the plan. We have emails to back any accusation she can come up with. I am very confident in that. She had not complied numerous times before, but you dont see us running to court over it. So i bet that is not even the issue.

Like you said, it is all about the money. Wont a judge see that? How could my husband be ordered to pay her child suport when she doesnt pay for anything in the first place? Isnt that what support is for?

So, yes, we have "wants". We would like to see some changes made. But right now, we are mainly just defending ourselves against her ridiculous motion. Attorney said there is an opportunity to file for a cross motion to modify (get what we want), so we are still contemplating that.. i am sure that will cost more money.. sigh.

So what do you think?

dsngrl's picture

Daycare is very expensive these days. I have called around and the average for full time is 200/week. So this is normal. BM does work, but we have no idea what her schedule is. She does use the daycare on her days, for either her to go to work or school. She is on food stamps also, which I am sure she got because she scammed the system (again). I just dont see why she gets support at all if shes not paying for anything. If she wants more money, she should work more, not get it from us. He doesnt make that much money. Lets just say he makes twice what she makes (but she only works part time).

In regards to the calculator, ive looked at those before and they dont apply to us because it asks to put in amounts of CP AND NCP. In his case, there are none. Like I said, time is split 50/50.

caya506's picture

Don't know if this helps you any, but for tax purposes in 50/50 situations, the IRS considers the CP to be the parent with the higher adjusted gross income.

dsngrl's picture

He goes to school in the district where father resides.. thats what it says. But it says nothing about custodial parent or primary parent.

I am not looking to get into an argument and I know u are just trying to help. But, where i come from, you work full time and do the best you can. If that is not enough well then maybe you should think about that before you get yourself knocked up on purpose. Food doesnt cost that much for a 4 year old. It certainly doesnt cost $200 a month for 1 child. Maybe $50. Clothing doesnt cost that much either. We spend on average maybe 300 a year on clothes. So, again, what does she have to pay for? If she is struggling maybe she should try to work full time like the rest of us and not be so careless with the birth control. But wait, that would be too much to expect from a low-life sociopath.

As far as the calculator goes, i did find one and put in the numbers (based on if dad was the non custodial parent). It said he would owe her $100.

dsngrl's picture

well thanks for the advice. I just dont understand how our world got to be so unfair. It is very sad because it is the child who suffers ultimately.

reeny511's picture

we spent $10,000 to modify custody of SD11. All we got in return was every weekend custody (instead of whenever BM felt like it) and then custody during the week at summertime. Whooppee - now we get to pay child support AND summer camp while BM just sits on her ass and pays for NOTHING!

dsngrl's picture

We arent even the ones that filed. She did! Because she doesnt have to pay for shit because she scams the system. How is that fair??? I feel like I am the only one with a spine or a pulse sometimes.. All we are doing is paying an attorney to defend ourselves. she is wanting sole custody.. for no good reason. This is a messed up world.

happymostly's picture

well i guess dh got lucky. His retainer was 1500. He had to pay an extra 100 for a processor server to serve BM with papers for an emergency temporary order (she ran off with sd for 6 months, and there was no previous order before). He had 2 trials, 1: BM said she didnt have a lawyer and wanted to get one 2: the trial was held the next week and everything was hashed out. Dh had to pay an extra 200 for that trial. Here we are almost a year later and they are just now about to get a permanent order in, its all typed up and ready to go, just need a court date.

His lawyer said if they go to court again (to fight her/him to get primary custody) then he would have to pay the retainer again. Not sure if his lawyer is going to ask for more money to go to this court date, i suspect he will as its almost been a year since he's been paid, but I dont think DH will pay him, especially if its just to make the order permanent as him and bm both agree on it. So all in all, he has paid about 1800, but it helped that Bm changed her ways and became more agreeable.

at first the temp. order was EOWE, but dh moved closer to be with sd 4 months ago, and bm agreed to joint custody when he moved there, so now thats what the CO is about. So if its a motion to change custody, it would be alot more $$.

caya506's picture

Around $7,000. The divorce took 3 years. BF wanted 50% custody, BM refused only because she knew that using SS was the only way she could hurt BF, and she didn't want to give up the CS. So it dragged on for forever. 2 months after the Divorce Agreement was signed and submitted to the courts the b*tch offered BF 50/50 custody (physical and legal). Would have cost an additional $5,000 to go to trial.

Holly's picture

The equivalent of $20,000 - 14 years ago. Ex moved to the other side of the world, fought me on every single issue and dragged it out for over 2 years. I didn't even bother trying to enforce the CS order.

JustAnotherSM's picture

DH and I spent over $10,000 to finance a 2-year custody battle. In the end, BM got physical custody of SS and the CS amount doubled.

dsngrl's picture

Has anyone dealt with a BM that filed a motion (free attorny, no court costs, etc.) and you ended up paying a bunch of money? If so, did BM continue to take you to court over and over again, because it was no cost to her? Is there any stipulations or repercussions of her filing over and over again?

dsngrl's picture

ok.. so what you are saying is that we have to go through the battles before we win the war.. I am not sure I am strong enough to endure it.

PoisonApples's picture

My own divorce cost less than $200

SO's divorce so far has cost over €25,000 and he's not done yet.

caregiver1127's picture

DH paid all court costs and a lot more to the tune of $102,500.00 :jawdrop: - and then my SS17 had the nerve to say this summer that his BM pulled herself up from nothing after the divorce because DH left her with nothing - we pulled out the divorce agreement and the 401K he had to split with her and showed him the numbers - that shut him right up. Dh was left with barely nothing - he has a company that she never helped with so he had to buy her out and other factors - she cheated and he was left with nothing - it is surprising that he is not bitter about it all - thankfully for me he holds no resentments - he is still pissed as hell about all the money she got especially the day about 8 months ago when he thought he had the full amount in his 401K and I had to remind him that she got half - but he does not hold her money grubbing ways against the entire female population.

purpledaisies's picture

NONE!! I refuse to spend my HARD EARNED money on anything when it comes to crap like that! Dh on the other hand only spent about $800 I think? He had an awesome lawyer that didn't take crap from bm or her attorneys. Now bm is scared to go back to court, why I'm not too sure but all we have to do is say to court we go and she straightens up. We have it pretty good. Doesn;t stop her from trying to be nasty to dh but he counters her very well.

stepmasochist's picture

DH paid $1,500 for the original divorce in which he got custody of the skids. BM didn't bother to show up.

That lawyer actually sucked. If BM had shown, I'm sure it wouldn't have gone well. He sucked, screwed up the paperwork, it's a long story, but it actually worked in our favor.

We hired a different lawyer for an additional $1,500 to go to court when BM was trying to undo the original decision on custody. For that $1,500 we got 3 or 4 trips to court and won every time.

So, $3,000 - 4 or 5 hearings and nearly 3 years later, it's still going in our favor. The lawyer's even handling a traffic violation DH got in July for us for free on that same original $1,500 we paid for custody issues. The man is wonderful.

Jsmom's picture

This last go around we have spent 10K and counting. Gave up the kid and still costing us since BM won't give us a counter offer. Insert profanity here....

Rags's picture

Over the course of our 16yr journey of protecting our son (my SS) from his SpermClan we have spent ~$10,000.00 in attorney and court related costs. We have spent another ~$12,000.00 for our half of visitation travel expenses.

Your experience with your attorney aligns with our experience with our first attorney. We spent 10X more money on the phone with that attorney than she actually earned by doing work.

When we found our current attorney (we have had him for ~11yrs) we have spent less than $2000 and gotten far more done.

I recommend that you find an attorney who will develop a strategy for delivering what you are looking to accomplish and aggressively pursue that goal rather than keep an attorney that basically does nothing but tell you that “you have to be reasonable” or “you are going to have to work this out with SpermDad/WombMom or the Judge will just get mad at you”

I don’t pay for (pardon my language) Pussy legal representation. I pay for someone who will push for what I want accomplished.

Fortunately we found someone who will do just that.

He asked us the following questions when we first consulted with him.

1. What is it you are looking to accomplish with this action?
2. Are you doing this for the best interest of the kid or to screw biodad?
3. This could be expensive. Are you ready to pay for it?
4. If I do not think what you are asking for is reasonable or attainable will you listen to my suggestions?

If your attorney does not ask these questions …. Find another one who has some testicles. I don’t care if the attorney is male of female as long as they have some stones.

Best regards,

dsngrl's picture

Good advice Rags. Thank you. She wants to keep running up our tab but the only things she has done was write silly letters to the other attorney that have gotten no response. And like you said, talk on the phone more or email, rather than do actual work. After her running out our retainer, I dont see where she is going or what her game plan is.. all i see is us paying her money with no end in sight. Its disgusting really. I told my husband that I cant support him in spending any more of our money and now we are not talking. I fear this may be the one thing that drives us apart.

Rags's picture

D,

Our fist attorney spent hours on the phone with my wife listening to how my wife felt things should be. My wife and I had many fights over her worthless attorney and how much cheaper a counselor would be rather than baring her soul to the worthless attorney.

So, we found my guy. Like your attorney, our's writes letters though not to the SpermIdiots attorney. The letters go straight to the SpermIdiot and they scare the shit out of him. So, he does what he is told for the most part.

We do the leg work, submit the information we find to our attorney who writes the letters to BioDad and the SpermClan. They take the letters to their attorney who says "yep, that could happen" then the SpermClan folds. They whine, cry, bitch and moan but they fold.

This is much cheaper than supporting an attorney that could not get gainful employment doing anything else but collecting money on the heart strings of parents who want the best for their kids.

Determine what you want to accomplish, put a plan in place and find an attorney that will work YOUR plan with you. Anything else is a waste of time and money. I would recommend sitting down with your DH and together developing your plan. Keep the emotion out of it. All parents when asked will say they want the best for their kids. DH needs to put on his man hat and take off his dad hat and make the plan for what he wants for his kids and how to deliver it. This really has little or even nothing to do with what the kids say they want or what BM wants. This is what you and DH want for your family. Then find an attorney that will work the plan with you.

IMHO of course.

RaeRae's picture

About 12k so far. Our attorney is a decent guy though, to be a lawyer. DH paid initial retainer, and although the attorney asked for a retainer on every hearing we've had, he allowed DH to make payments instead.

We have custody now. It was 50/50, but BM's unwillingness to cooperate, her lack of support for the kids (educationally and healthwise, among other things), insisting on disobeying the PA, ultimately buried her. She falsified documents to get an outrageous amount in temporary CS. She used his old business records, from a business that had collapsed. DH paid what he could (which, in the end, evened out to what the what was ordered on the permanent order, and the judge made it retroactive). She moved the kids in with her boyfriend (and told the judge, while living with him, that she has had no relationships since the separation with DH).

She lost all credibility with the judge. I think we could have won our case without the attorney. We did all the legwork, and at times had to push him to file for hearings or to use evidence. He didn't want to file a contempt hearing for her living with her bisexual boyfriend (they were bringing her other boyfriends around while the kids were there, too, so there's no telling what the kids have seen/heard), but we insisted and she was held in contempt. But it was good to have him to point us in the right direction when we needed things.

If BM is lacking in general areas where mothers are supposed to be supportive, take that and run. Talk to the schools, attend all their meetings, make sure they are up to date with immunizations and checkups, and document it all. However, if BM is on top of all these things, I wouldn't waste my money. She will most likely win.

dsngrl's picture

This is what I want the attorney to do.. I want her to use evidence against BM (because she is not a supportive mother).. But they havent brought up evidence, witnesses etc.. We have loads of those things but the attorney either has not asked or ignored our mentioning of them. Like I said, I feel like we are being taken for a ride with no end goal or game plan. The attorney makes us feel like idiots and I am sick of it. We have been doing a lot of the "legwork" but she hasnt done shit with it.

RaeRae's picture

Keep in mind that you have HIRED an attorney. Meaning, they work for you and you can fire them. At times we had to push our attorney, and occasionally we went against his recommendation (such as the time we pushed for the contempt hearing to be heard BEFORE the permanent custody/support trial, and she was found in contempt... which we were able to bring up at perm. trail).

There was one time when our attorney didn't want to take our evidence (I believe it was the facebook stuff). He handed the folder back to us, DH got angry, the meeting went on, and when we left, DH gave the folder back to him. The Judge saw it, and said that she could not base custody off of what the mother does with her adult time but looked at BM and said something to the effect of 'you should be embarrassed by your facebook page'. It showed the Judge what kind of person she was, and where her priorities were.

One more thing... DH's first lawyer was horrible. After their first hearing (for temporary support/custody), he fired her and complained to her firm. He gave her superior his case file, stated what happened during court, and told the superior he would complain to the bar if something wasn't done. DH ended up with a check for half of his retainer, and a letter stating that the attorney in question was no longer with their firm. I believe DH's case with this attorney was extreme. However, it just goes to show that if you feel you are being wronged, you need to speak up and state your intentions, wishes, and assert your rights in getting what you are asking for.

simifan's picture

Over $25,000 for BM to say "there's something wrong with her & it's too late to fix it now" when SD was 11 years old. She dropped off SD & moved 8 hours away.