San Jose, CA asked in Divorce, Family Law and Child Support for California

Q: Im a single mom with 2 teenage daughters 80% of the time. He has a lawyer, I cant afford one what are my options?

My ex lives 2 hours away so I have primary physical custody of our 12 and 15 year old daughters. His support is minimal ($250 per month plus $200 sine I cover healthcare which I pay approx $250 per month for). He has been married and living in a two income household for over 3 years now and getting him to cover expenses for the girls is like pulling teeth. I have to pay out over $1000 a year on back to school clothes alone which he doesnt worry about since he cant have them on school nights being he lives so far. There are other issues going on however he is able to maintain and attorney and I can barely afford to pay for a consult as Im the only one financially supporting them in my home(not remarried nor do I live with anyone) I feel railroaded when I go into court because I have no idea what Im doing or how to approach issues effectively, are there any attorneys who work with single moms who cant afford an attorney when the other party is represented?

1 Lawyer Answer

A: The fact that he lives in a "two income household" is irrelevant. Second spouses are not liable for supporting children or ex-spouses that are not theirs. If your circumstances have changed since you were divorced or you're saying your settlement was somehow unfair, then you should file for an upward adjustment of support. If his attorney is unfairly disadvantaging you and you cannot afford your own attorney, try calling NJ Legal Services. If that doesn't work, try NJ's self-help center or finding an attorney willing to offer you unbundled services. If you're that economically strapped you might have no other choice. Unfortunately most people (including most attorneys) cannot afford to work for free.

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