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In re Reduction of Alimony of Giovanny G

A Family Law Action: Case No. 01/2012.

1. Client Identification, location and relevant case background.

Giovanny is the hardworking father of 3 children under the age of 16. He separated form his wife 4 years ago, due to her romantic involvement with another man.  Giovanny’s wife took her two younger daughters with her and the oldest of 16 now, decided to remain with him. Giovanny lives in Cayambe, Ecuador.  He is a farmworker, earning minium wage (USD$292), working 8 hours per day.

2. Legal issue (s)presented:

Giovanny´s wife demanded alimony for the 3 children, although one is not living with her, and because of the legal system, Giovanny is obliged to pay 180 dollars per month for all three children.

He hired an attorney to present his payrolls so the judge could verify that Giovanny earns only $292, and thus paying an alimony of $180 would cause him extreme hardship, plus the fact one of the daughters lives with him and presumably needs food and clothing.

Giovanny has had a bad experience with his initial attorney who did nothing about reducing the alimony, causing Giovanny to go to jail because he missed a month’s alimony payment.

Giovany has since taken a loan from his employer to be able to pay the alimony and is seeking legal assistance from a new lawyer, so that he can pay a fair alimony in relation to his salary.

3. Why the clients require legal aid:

Giovanny has a job were he earns minimun wage, he has to pay alimony for 3 of his daughters which is more than 60% of his income, yet one of his daughters lives with him. He has lost faith in lawyers and the judicial system, since he has been in jail for not paying alimony.

He has also gone into debt with the company he works in order to pay alimony.  At the present, he is 3 months behind in paying alimony and is afraid he will not be able to pay and will be put in jail again.  The jail order can be given the day after the month of the alimony is due.  Thus, far, he’s been lucky has not be sent to jail again.

4. Counsel’s advocacy strategy:

Counsel’s strategy is to restore Giovanny´s faith in the legal system and in lawyer , by advising him properly and completing the forms requesting a reduction in the alimony to support his ex wife and two daughters, while still being able to have a life and not live in fear each month of a possible action that put him in jail, and of losing his job.

5. Assistance requested:

i)              Funding for notarization of documents                        $100

ii)             Administrative filings to reduce child alimony       $50

iii)           advocate’s time                                                $100

iv)           Client’s past due alimony                                       $360

6. Counsel’s certification

Giovanny agrees to share his information in the present case, because in a process of separation or divorce, the woman is normally in a weaker position but Giovanny would like to show that this is not always the case, therefore the legal system needs to be fair to both spouses.

Giovanny has been informed by his counsel and fully agrees to share case information for the sole purpose of funding my case.

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