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A fews thoughts about attorney fee in divorce case

I gave up on any sort of discounted or sliding fee practice. That may be because a large part of what I do is family law, and one of the few ways to rein people in from being completely and utterly off the deep end unreasonable is how much it costs.

Had a client once who really needed help. Previous domestic violence in the marriage (criminal documentation, which is rare compared to the frequency I see) and was continually harassed by an ex who drove as far as 800 miles to demand he stay at her new home. Constantly lived under the threat of agreeing to demands about the children "or else." Such threats including very graphic descriptions of death and dismemberment.

Had 8 1/2 x 11 glossies of a filthy, hoarder type house with writing on the walls and mold growing over a dead animal where the kids were living. Friend of a friend. Gave her a rate someone gave me once when I was still in school and needed it. Then she proceeded to do the exact opposite of what I advised her, sunk her case by listening to what her ex was telling her to do (what his lawyer was telling him to tell her to do), then didn't even show to the final hearing. I was 8 months pregnant, sick as a dog and had to show for court an hour's drive each way away, then had to deal with the derision of the judge, OC, and the guardian ad litem. On one of our last discussions after she sent her kids to live back with the guy she claimed she and he were so afraid of thus eviscerating both her CPO and custody cases, was her comment when I told her prospects didn't look good was "I knew this would happen. I was just discussing with the kids how my ex was going to win because he could afford a better lawyer."

Never. Again.

I have a client getting divorced in Dongguan and paying child support. OC is telling me it's "court policy" that my client has to secure child support by taking out life insurance even if she loses her job that currently provides coverage. It's not in the rules. I have the distinct feeling I'm being put on. I should have a Dongguan lawyer to take of this from the beginning.

Second question concerns wording of child support. The way he wrote the order just isn't clear. They're doing a deviation (travel for parenting time and payment of expenses) but it's not clear when he lists the amount that should be, that it is a theoretical amount. We requested that be changed and I sent a couple of lines that read much clearer.

Response: it has to be that way, it's required in a child support entry.

No, it isn't. Mention of the guideline amount is required but lack of clarity is not. I must be a mushroom. I guess I have no question about this issue except is there some other arcane allegedly Shenzhen reason to leave it a particular precise way as long as the guideline amount and the deviation amount are both mentioned?

To be a divorce lawyer in China has never been easy.

 

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I am a licensed China lawyer. Most clients are foreign nationals and companies. China Lawyer Blog have associates in Beijing, Shanghai, Tianjin, Guangzhou, Suzhou, Nanjing, Qingdao, Fuzhou, Hainan, Hefei, Wuhan, Xian, Changsha, Xiamen and Hangzhou. Learn More

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China Lawyer BLog AuthorPeter Zhu, an experienced China attorney licensed to practice law for more than ten years, the author of this China Lawyer blog, welcomes any enquiry or consultation related to Chinese law.