Father Defeats a Hostile and Vindictive Mother
Father gets his son back and reduces his child support
Our family law firm get custody for a father, reduce his child support and beat vindictive and hostile mother who tried to take the father’s rights away.
This case is a good example of the mess that can be created when spouses tries to handle their own case, without experienced divorce lawyers.
The husband retained us to help him complete a divorce case started nearly 10 years earlier in another county. Apparently husband and wife had started a divorce case in San Bernardino 10 years ago after being married to each other for less than a year. They decided to try and do the divorce themselves, neither hiring an attorney. They actually took status in open court to end their marriage and submitted a stipulated judgment. Unfortunately their judgment was kicked by the court due to some deficiencies.
However, husband and wife did not know this and went on sharing custody of their son for 10 years until wife found out in 2011 that their divorce case was never finalized. Wife then took the position that husband had no custody rights since no orders were ever formalized. She withheld all contact between husband and their 11 year old son and filed for child support, alleging husband had a zero percent (0%) timeshare with the child. She received a maxed out child support order that wasn’t fair. Husband still had no custody orders.
Husband then hired our law firm. Our lawyers immediately initiated custody proceedings and a new divorce proceeding. Over Wife’s objections, we obtained custody rights for husband that included frequent and continuous, overnight contact with their son. We then modified the child support order down to a fair sum based on husband having quality timeshare percentage and based on imputed income to wife who was working under the table and not reporting any income on her declarations to the court.
Wife was so upset she fired her attorney and refused to sign the formal judgment we prepared for husband. Regardless, we refused to tolerate the wife’s delay tactics. Our divorce lawyers then successfully brought a motion to have the judgment entered over wife’s objection and got the formal judgment entered. Wife then filed a post-judgment motion seeking to set aside the judgment or to modify certain parts of the orders in the judgment she did not like. She failed.
Husband got his son back, got his child support reduced to a fair amount and learned a valuable lesson – hiring experienced and skilled attorneys like those at our law firm is the right choice, from the start.