Legal Malpractice or ?

[belairsun]

My previous atty #1 told me he was going to file a set aside motion and ask judge to recalculate child support & alimony because I discovered my ex had lied about where he was employed and how much he made in order to pay less child supp & alimony. He must have forgot what he previously submitted on I & E #1 because on I & E #2 (filed 3 years later) he had his correct info stating when & where he actually became employed w/new employer. My new atty #2 recalculated child support & he should have paid approx $30,000. more than he did. Prev. atty #1 never filed set aside and a year went by (statue of limitation ran out to my knowledge). What can I do? Atty #1 also was going to take me to child custody trial with no witness, evidence or discovery! I fired him. I paid him over $15,000.00 and he did nothing for me. Atty #1 wants me to sign general waiver to forgive add'l $7,000.+ he says I owe him. Question 1. Can I sue this atty to recoup any of my money lost because of his negligence? (what type of atty do I use?) and Quest. 2 Is any way to recoup money exhusband defrauded me out of. I do have transcripts from family law trial where he purjured himself stating that he did sign both I & E Declarations and that he didn't know why the information he submitted was incorrect.

 

[Michael Wechsler]

My previous atty #1 told me he was going to file a set aside motion and ask judge to recalculate child support & alimony because I discovered my ex had lied about where he was employed and how much he made in order to pay less child supp & alimony. He must have forgot what he previously submitted on I & E #1 because on I & E #2 (filed 3 years later) he had his correct info stating when & where he actually became employed w/new employer. My new atty #2 recalculated child support & he should have paid approx $30,000. more than he did. Prev. atty #1 never filed set aside and a year went by (statue of limitation ran out to my knowledge). What can I do? Atty #1 also was going to take me to child custody trial with no witness, evidence or discovery! I fired him. I paid him over $15,000.00 and he did nothing for me. Atty #1 wants me to sign general waiver to forgive add'l $7,000.+ he says I owe him. Question 1. Can I sue this atty to recoup any of my money lost because of his negligence? (what type of atty do I use?) and Quest. 2 Is any way to recoup money exhusband defrauded me out of. I do have transcripts from family law trial where he purjured himself stating that he did sign both I & E Declarations and that he didn't know why the information he submitted was incorrect.

I'm very sorry to hear about what happened. To begin, have you ever spoken to atty #1 about this issue and the billing issue? This is most important because you should at least try to resolve this before making any formal complaint.

Before we start talking about the statute of limitations, from what I understand your ex filed the proper amount just recently. Couldn't you file for a previous adjustment based upon proof that false information was entered to court and you are filing a timely motion based upon your husband's revelation of his prior fraud?

Let's start from here and see what might be a good idea for resolution.