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Asked 5 months ago - Encinitas, CA
FlagI settled divorce agreement that I was award physical custody of a child 10 years old and joint legal custody with him, but he is now wanted to fight about alimony support. I told him that I don’t want to fight because it will hurt my child if parents continue to fight. Is there any law to stop the fight? Especially he has a bad attorney who represents him with no cost or very little cost and provokes him to fight against me. Can I stand up to against his attorney to disbar? Or how can I stop my Ex-husband who is a psycho?
What do you mean, "he wants to fight"? Either he has filed an Order to Show Cause to modify spousal support or he has not. If he has not, there's nothing to fight about. If he has, you need to respond to the court. If you absolutely cannot afford an attorney to represent you, you can go to Family Court Services (in the courthouse) and they can help you prepare your response.
Mr. Juarez gives excellent advice. In California, the law generally allows orders for alimony/support to be modified if circumstances change. As opposed to making this issue a battle, consider negotiating and/or mediation and keep it out of court. As counsel also stated, it is always wisest to hire your own counsel.
You need an attorney to fight this ongoing battle for you so you give your focus to your children. Our system permits legal challenges depending on the circumstances. To give you a specific answer on how to stop this fight an attorney would need to review your file including the marriage settlement agreement. Depending on his lawyers actions I would seek sanctions against him which is faster then disbarment and more rewarding for you. Good luck and thank you for your question.
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