6 Comments

  1. 1

    Erika Englund

    Small claims for minor property division is a genius idea! Fee shifting can be a useful tool for curbing frivolous claims, but a litigant’s right to pursue a valid claim shouldn’t be suppressed by fear that they’ll end up owing all of the fees (particularly here in California, where trial fees routinely exceed $100k). Family law matters are usually too complex to declare a true winner and loser. In California, I’d like to see our statutes that allow for sanctions and for income-based fee shifting to include required findings on the reasonableness of the attorney’s fees.

    Reply
  2. 2

    Kathryn

    Allowing clerks to process settlements is a horrible idea. Spouses who are not financially savvy, or who have less power in a relationship, will be tricked or muscled into inequitable settlements and there is nobody in place to right the wrong. Evaluating and dividing an estate is some of the most time consuming work a divorce lawyer performs. And having nothing but neutrals evaluate a child custody case can likewise have disasterous results – particularly where one spouse is a very good at telling stories and the other spouse has either no idea how to disprove the lies or, worse, gets worn down from the constant lies and just gives up.

    Reply
    1. 2.1

      Warren Demers

      Most of the ideas lawyers and judges come up with are terrible ideas. Enforce the people’s rights and stop destroying the families over that Almighty dollar! Enforce rights unless there is absolutely clear reason to do otherwise!

      Reply
  3. 3

    Killyourguitar@yahoo.com

    What sounds good is often times not good. The problem is people want to fix the world, if courts would just limit themselves to enforcing rights of the parents to rear their children in as equal a timeshare as possible children would thrive. Unless someone has harmed their child or proven to be a danger to children Beyond A Reasonable Doubt Court should enforce parents rights to equally raise their children. Child support in the form of throwing money at children through that disgruntled EX fuels the fires of War between parents. Take away the money and the parents are more likely to be themselves. Child support should only be imposed on people who have clearly abandoned their children and have no intention to return. Millions of years the human race has survived an infinite number of threats and hardships, without family law sticking its nose in everybody’s business and trying to micromanage the family have to death. Take the money away and help the people for a change! Enforce rights! Unless there’s a clear reason not to do so.

    Reply
  4. 4

    Bradley

    I am shocked that equal parenting is not the first solution given. I negotiated down from 50/50 to just asking for one day a week above the minimum “standard” plan, and spent $42k trying to do so. I had to prove that my ex was an unsuitable parent in order to do so, which she is not. Her parents hid funds and payments to her, and I had to pay her legal fees also.

    I nearly went bankrupt, had to sell my equity in my company, and had to find new employment far away from my kids to pay the child support. This one change – if she had to prove I was an unsuitable parent – would have changed events to a civil tune, no attorneys, and much less pain for myself and my children.

    Reply
  5. 5

    Respondent

    Step one
    #1. Eliminate the incompetent unscrupulous family attorneys, that don’t know what they’re doing in the best interest of the child.? \ more like the best interest of retainer-
    $ 300-1200 dollars an hour .
    $180 to write a paragraph,
    $350 phone calls \
    I miscalculated, O.05 for a-text..

    I agree family attorneys need to be held responsible, should pay the other attorney fees.. These individual’s Have absolutely nothing to lose, & really no incentive to do a quality Job for the client.

    (move it more in the direction of the ambulance Chasers ↪we don’t get you money ↪you don’t pay 😎

    Reply

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