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Author Topic: court order question  (Read 1391 times)

wysiwyg

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court order question
« on: Dec 19, 2006, 11:23:30 AM »
Soc,  new thread for easy reading, you know how wordy I can get!  LOL

Court order of MArch 06 stated BM to pay BF attorney fees within 90 days or failure to pay results in automatic judgement in favor of our attorney's firm.  BM also in comtempt for failure to abide by 2 court orders.

90 days pass and BM did not pay in full as ordered by court, judgement entered, pro supp filed and OTA entered for August court date.

BM nor atrorney appear in in August for court.  Attorney files for another court date and OTA for BM To explain why she failed to appear.  COurt date set for October.

October - she and her attorney, our attorney and our sub attorney all agreed out of court she will pay remainder or balance and all attorneys fees in 60 days. Court entered notice of such.

60 days go by and she failed to pay.  She has multiple comtempts for failing to comply with the court, and multiple judgements for her failure to pay her debts.  This is not a money issue, she just paid out 500 plus for school ring (for a freshman)  sport equipment and got child a cell phone.

Our attorney has adjusted our bill to not reflect this outstanding debt she has failed to pay so I am not on the hook for that, but want her to be held accountable for her actions.

1.  any ideas on how this should be handled?


socrateaser

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RE: court order question
« Reply #1 on: Dec 19, 2006, 02:54:23 PM »
>Soc,  new thread for easy reading, you know how wordy I can
>get!  LOL
>
>Court order of MArch 06 stated BM to pay BF attorney fees
>within 90 days or failure to pay results in automatic
>judgement in favor of our attorney's firm.  BM also in
>comtempt for failure to abide by 2 court orders.
>
>90 days pass and BM did not pay in full as ordered by court,
>judgement entered, pro supp filed and OTA entered for August
>court date.
>
>BM nor atrorney appear in in August for court.  Attorney files
>for another court date and OTA for BM To explain why she
>failed to appear.  COurt date set for October.
>
>October - she and her attorney, our attorney and our sub
>attorney all agreed out of court she will pay remainder or
>balance and all attorneys fees in 60 days. Court entered
>notice of such.
>
>60 days go by and she failed to pay.  She has multiple
>comtempts for failing to comply with the court, and multiple
>judgements for her failure to pay her debts.  This is not a
>money issue, she just paid out 500 plus for school ring (for a
>freshman)  sport equipment and got child a cell phone.
>
>Our attorney has adjusted our bill to not reflect this
>outstanding debt she has failed to pay so I am not on the hook
>for that, but want her to be held accountable for her
>actions.
>
>1.  any ideas on how this should be handled?

It's really the attorney's dough, now, thus the attorney's problem. If he/she doesn't want to try to collect, then that's up to him/her.

I understand you want the other parent to be held responsible, but legally, your only recourse would be to have the attorney assign the debt to you and then you attempt to collect.

You want that problem again? I didn't think so.

wysiwyg

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RE: court order question
« Reply #2 on: Dec 20, 2006, 05:13:08 AM »
I do not want that bucket of worms you are correct, but this is the root of our problems, BM not following any court order, we plan on filing after the holidays for denial of weekends, holidays and summer vacations and denial of all make ups per the court order that the judge made special note in the order that we follow "without alteration", would it be realistic to ask the attorny in that case to give us something like an affidavit of her non payment and offer it into evidence to show a history/pattern of non compliance with the courts orders?

socrateaser

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RE: court order question
« Reply #3 on: Dec 20, 2006, 11:34:06 AM »
>I do not want that bucket of worms you are correct, but this
>is the root of our problems, BM not following any court order,
>we plan on filing after the holidays for denial of weekends,
>holidays and summer vacations and denial of all make ups per
>the court order that the judge made special note in the order
>that we follow "without alteration", would it be realistic to
>ask the attorny in that case to give us something like an
>affidavit of her non payment and offer it into evidence to
>show a history/pattern of non compliance with the courts
>orders?

A letter from the accounting dept/bookeeper/attorney is probably sufficient. Failure to pay is simply a legally operative fact and usually avoids the hearsay rule.

 

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