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Do lawyers charge separately per case?

WwCorgi7's picture
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I wasn't able to find a lot of information on this but wanted to see if anyone knew the answer. BM had trouble getting together the funds but ultimately hired a lawyer for the ongoing custody case with her ex husband. The lawyer fees were about $5000 give or take a couple hundred. She was told she would have to pay childsupport if she handed over the kids without visitation. Since she doesn't want to pay she wants to try to keep some sort of visitation. She had 50/50 to begin with but wants something to reduce or eliminate childsupport costs. 

She hired this lawyer before our papers were filed for the case just against her ex husband. Will the lawyer represent her for our case as well or will she have to pay another $5000 for counsel on a new case? 

tog redux's picture

Lawyers usually request a retainer upfront, so it's likely he will want another one if the court case with you will be drawn out. 

What is going on, she's willing to let SD return?

WwCorgi7's picture

BM hasn't acknowledged any of the papers sent to her. We have not been able to speak to SD yet or even know exactly where she lives. BM has not updated any of the school information or provided any phone numbers to contact them. We know from the lawyer BM took her to a new town 3/4 hours away but we don't have an address. She texted pretending to be SD around Easter and wanted to bring by bags. DH tried to call but it was a texting app and she kept ignoring him when he asked to speak on the phone. She claimed that she stopped by herself and put the bags on our doorstep. We saw on our security cameras that it wasn't her but actually some man and there was no one else in his car. Dh texted asking who dropped off the gifts and she said it was her who left them. When he said we have the footage on our security cameras and it wasn't her, there was no more contact. The texting app is out of service. We still have no clue where this kid is and have yet to talk to her. Every number for BM is out of service. We just don't have any contact at all with any of them.

Exjuliemccoy's picture

Typically attorneys charge by the hour, requesting a retainer up front. BM can use the same attorney for both of her cases, or choose to hire a different one. Either way, 5k goes fast. The attorney we hired charged $200 per hour - and that was almost thirty years ago.

 

WwCorgi7's picture

Oh okay. I wasn't sure how it all I worked. I was under the impression that you retained the lawyer for $5000 plus any extras just for that one specific case.  The ex husband hired paid the 5k for the divorce in September of last and then he had to pay it again for the new custody case. I guess I will go very fast if she is having to split the 5k for 2 different cases.

advice.only2's picture

If the lawyer hasn't been established as representing her for this case she could have a lawyer for one case and Pro Se for the other, but typically the lawyer would help her with her other pending case, but she will be paying for it.

I'm curious did you call the police for kidnapping since your DH has no clue where his child is?

WwCorgi7's picture

He went to the police station but they said this is a civil matter. If they both have joint custody they said it isn't kidnapping. We were told to go to court for violation of a court order.

The lawyer tracked her down but he hasn't given the address to us. He said the longer she goes without attempting to contact Dh the worse it is on her. Meanwhile DH has a paper trail of trying to reach them.

When "SD" texted on Easter from that app and Dh asked her where she was living and if she was okay this was her response " Why would anyone be worried about me? I am doing amazing! I am the happiest I have ever been in my entire life. Everything is fabulous and fantastic! My life is absolutely amazing. I am where I always am, silly!" She then followed up with 2 rows of emojis. We are sure this was BM texting and not SD.

24 years as a SM's picture

Have you thought about having your DH contact BM's EX, to see if he knows where BM and SD are living?

WwCorgi7's picture

He has. The ex knew of the new husband's, parent's house where we sent a welfare check but not the new address in the new town. He just knows she moved to the new town and she accidentally slipped up in court and said she no longer resides here. Her ex said she calls from burner phones. He has never got a call from the same number and when he tries to call any of the numbers she has called from they are all out of service.

Rags's picture

Multiple Xs of a toxic person can be great alies in aligning against their common toxic X.

A good friend and former colleague of mine did this with his XW's XBF.  She was lying in court, etc, etc, etc... and raping my friend with enternal CS actions and trying to get arrears ordered by a Judge, etc...

She was engaged to a guy who was her partner in the incessent attacks on my friend.

He contacted the XBF and asked him to sit with his attorney to give a deposition on his X's crap.  The XBF agreed.

Karma is that deposition was used against the XW.... even after the XBF became the XW's new DH.

Diablo

The XBF/new DH has repeatedly requested that the deposition be destroyed.  That won't ever happen.

Diablo

WwCorgi7's picture

This sounds amazing and would be very helpful I am sure. However, I don't 100% trust the ex-husband yet. Yes, he has given us a lot of good information but he has also stated that he would take her back in a heart beat if her and her new husband didn't work out. 

Also, their court records were published today from their last hearing earlier this week online. We found out that over Easter she came to visit them and ended up taking off with them. The lawyer (who is also our lawyer) asked for a continuance and filed another motion for her to return the kids to him for his time. They currently still have the 50/50 order because their case is still going so he can't say the kids were kidnapped. However, she refuses to give them back. He has yet to mention this to us. Not that he has to but DH is wary of him and doesn't completely trust him.

It just amazes me how this lady does whatever the hell she wants. She has no regard for the kids, the CO, the dads, no one but herself. Just last month she said goodbye to them and told them she was not going to see them anymore. She even said in court she didn't want them (it's literally in the transcript) and then she goes to "visit" and takes off with them all. Meanwhile no word at all about SD. How the hell can her lawyer represent her when she pulls stunts like this?