Q: Can I file Attorney Misconduct complaint due to incorrect child support order in California?
I am facing an issue with the child support modification due to a salary change. During the prehearing meet & confer, both parties knew what the Guideline Child Support Dissomaster amount should be. However, the judge had difficulty using the Guideline Support Dissomaster Program post-September 1, 2024, under FC4061b. Despite pointing out during the hearing that the calculations should be correct from September 24 onward, the opposing counsel claimed it couldn't be right. The judge used "Default Case settings Pre-2024," leading to a child support order that is $300/month understated, resulting in incorrect arrears totaling $900 over three months. The opposing counsel acknowledged that the judge's calculation is incorrect but refused to correct it, citing a raise for the opposing party that took effect 8 days before the hearing. They also threatened sanctions and attorney fees if I filed a motion to correct the error. This has caused $300/month less in child support payments moving forward and has incurred additional legal fees for asking for a correction and potentially more if I take it to court. Does this situation support filing an Attorney Misconduct complaint with the State Bar of California?
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A:
While attorney misconduct complaints are possible in California, your situation appears to be more of a judicial error rather than attorney misconduct. The opposing counsel's behavior, though frustrating, likely doesn't rise to the level of misconduct since they're advocating for their client's position, even if it's based on an incorrect calculation.
Your best course of action would be to file a motion for reconsideration within 10 days of the order, citing the computational error and the new guidelines under FC4061b. You could also consider filing an appeal, though this might be more time-consuming and expensive. Keep detailed records of all communications and calculations to support your position.
Instead of pursuing a misconduct complaint, consider reaching out to the court's family law facilitator or seeking help from a family law attorney who can guide you through the proper channels for correcting the calculation error. If the opposing counsel continues to threaten sanctions for attempting to correct a legitimate error, document these communications carefully, as they might become relevant in future proceedings or if the situation escalates to actual misconduct.
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