My child support case has gotten out of hand and bills are adding up quick. Judge ordered that I split payment with sons dad so much of what I get will be paid to my attorney. It's making my sons dad and I hate each other and I think we can now come to a reasonable agreement on our own without going through court anymore. What would happen if we settle? What happens to the bills owed that my attorney was arguing should be paid by kids dad? How do I pay attorney without as much support as expected?
You are entitled to represent yourself at any stage of the proceedings. So if you believe your attorney is overcharging you, you can ask him/her to sign a substitution of attorney (form MC-050) and have them removed from the case. However, in doing so you take on the responsibility of representing yourself in a legal matter in front of a judge. You are obligated to know the laws, rules and procedures that apply to your case. Some judges have more patience than others. You can also withdraw your RFO for child support if it was filed by you. However, doing that means you will probably lose any retroactivity that you might have been entitled to. Sometimes its best to hang onto the attorney unless the billing is really egregious.
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