Should we use our lawyer?

[Noah N Ali]

Hey I have a quick question. My girlfriend needs to collect some arrearages from her ex and the judge didn't allot an amount towards arrearages when he filled out the IDO. So we are going to take him back to court on contempt. The ex has refused to communicate in order to make arrangements for this as well. But our lawyer wants over $500. But if it is just a contempt ofr arrearages, we think we can just do it ourselves. Any thoughts or suggestions, like what to do or NOT do? It's not like anything else can happen while there, right?

Thanks Noah

[mistoffolees]

How much money is involved? If it's not much more than $500, you have nothing to lose. If it's several times that figure, I'd personally play it safe and use the attorney, but I tend to be overly cautious. I would also ask the court to award me attorney's fees.

[ocean]

If the money goes through your state child support services, call them up and tell them he is in arrears (which they should have documented). My state will start a case on him to get more $$ without me.
If it is not through the state, file for child support through the state and at the same time ask for the arrears to be figured in with a payment schedule. They will garnish his wages plus the arrear money.
Child support is pretty straight forward, you could file yourself.

[Noah N Ali]

Hey thanks for responding. The amount is almost $4000. I just figured there isn't that much to argue about, the judge will look at whats owed, how much he makes and decide an amount, not much room for arguement...

Noah

[Noah N Ali]

She did the child support through the court/final hearing. We could contact child support services and have them re-open the case and then they would take care of it for us...without the cost...but child support services takes a while too...they have thousands and thousands of people to help.

Yea, that's what I figured too, child support is pretty cut and dry...we'll think about it.

[Giggles]

I reccomend that you just file through CSE and let them take care of it....Mainly because if he decides to stop paying alltogether, they go after him, have the power to have his D/L revoked, and/or sent to jail for contempt.  Another thing to remember, they can attach his Tax return, you cannot.

I finally went throught CSE because my X had built up an arrearage amount of over $18,000 and I just didn't have the funds to keep filing for contempt.  THey just threatened him with jail time and low and behold he managed to come up with $1200 :-)