Failure to abide by courts orders for contempt

[wysiwyg]

Soc,

IN state

BM found in contempt twice in last court order and ordered to pay my attorney's fees "within 90 days to (XXXX law firm) or the same is reduced to judgment against Respondent and in favor of (XXXX Law firm.)"  BTW BM also previously fined for failing to abide by a discovery order and multiple failures to abide by vistation orders, mediation orders and compel orders from the court.

BM has not paid.

1. How does the judgement work?
2. I paid the attorney the balance remaining, do I need to file a contempt motion to recoup these funds?

Thanks a bunch!

[socrateaser]

>Soc,
>
>IN state
>
>BM found in contempt twice in last court order and ordered to
>pay my attorney's fees "within 90 days to (XXXX law firm) or
>the same is reduced to judgment against Respondent and in
>favor of (XXXX Law firm.)"  BTW BM also previously fined for
>failing to abide by a discovery order and multiple failures to
>abide by vistation orders, mediation orders and compel orders
>from the court.
>
>BM has not paid.
>
>1. How does the judgement work?
>2. I paid the attorney the balance remaining, do I need to
>file a contempt motion to recoup these funds?
>
>Thanks a bunch!

You file an ex parte motion for issuance of a bench warrant, to have the defendant arrested and brought before the court to answer for the failure to abide by the civil contempt order. Your ex will be arrested and jailed pending a hearing.

[wysiwyg]

Soc,

Asked attorney about the ex parte motion - his reply was since the award was based solely on fees incurred by me, and the judgement was awarded in favor of their firm if she failed to pay within 90 days then it was up to the firm to reduce the award to a judgement and seek to enforce it.  Obviously it was ultimately up to me to see that the bill gets paid which I did as my attorney gave me his time and I owed for it.

1.  If it is now the firms responsibility to go after her to enforce payment, then the firm has a responsibility to me to enforce the courts order, and not write off that debt, correct?

2.  If they go after her for failure to pay, then am I also correct that additionally I can file some sort of motion to recoup the funds I paid out of my pocket to keep in good standing with my attorney?  

3.  My attorney suggessted that I could file a pro supp motion to execute the judgement, but if the judgement was in favor of the firm against her then how can I be a party of that motion?

4.  I am trying to not rack up attorney's fees for this, would it be acceptable for me to write her a letter that according to the order a judgement has been put in place by X law firm and that additionally I can seek to file a motion for XXXXXX and that she sholud seek to pay off the court ordered fines etc etc etc or face the court to explain why she should not be held in contempt once again for her failure to pay off the attorney's fees awarded from the last contempt hearing??

Frustrated once again!

[socrateaser]

>1.  If it is now the firms responsibility to go after her to
>enforce payment, then the firm has a responsibility to me to
>enforce the courts order, and not write off that debt,
>correct?

Wow. I really blew that interpretation. I didn't read the court order carefully at all. It does say that the contemnor must pay the attorney or it's reduced to a judgment in favor of firm.

So, you asked for the contempt, and the court vindicated its authority by imposing a penalty against the other parent in favor of the law firm - not you. Simultaneously, you remain on the hook for the bill to the attorney because you weren't releaved of the obligation to pay. Sweet deal for the law firm.

However, if you paid the law firm, already, then you should be equitably entitled to the attorney having the order reduced to a judgment and then assigning the right to collect to you.

Or, you could simply go to the court and request that it set aside its order in favor of the debt made payable to you, or you could just ask the court to arrest the other parent and toss her in jail for 30 days, because money does not seem to be getting her attention. However, if the contempt was civil, then the court can't do this -- it can only give you a money judgment.

>2.  If they go after her for failure to pay, then am I also
>correct that additionally I can file some sort of motion to
>recoup the funds I paid out of my pocket to keep in good
>standing with my attorney?  

Because the order is only an order to pay money, they can't get her for failure to pay, because that violates the 13th Amendment against involuntary servitude. The only way to avoid the Amendment is if the order is to pay child support -- THEN the other parent can be jailed for failure to pay. But for attorney fees, the judgment is as far as you can get.

>3.  My attorney suggessted that I could file a pro supp motion
>to execute the judgement, but if the judgement was in favor of
>the firm against her then how can I be a party of that
>motion?

The attorney must have the order reduced to judgment and then assign it to you, or you will have to get the court to set aside the judgment and re-enter it in your favor.

As it is now, the attorney now has received two recoveries. One from the court and one from you. So, now they have no incentive to go to court and reduce the order, because that will cost them billable hours.

I would write the attorney a letter after 90 days has elapsed and say that if they are not willing to follow through with the collection on your behalf that you will file a complaint with the Stat Bar, because they have a fiduciary duty to act in your best interests and by sitting on the order they are violating that duty.

You could also sue your attorney for breach of fiduciary which would get you punitive damages.

That should light a little fire. Your alternative is to ask the court to set aside the order and grant you a money order in its place, and then you can go after the other parent yourself. You could do this and file a complaint with the bar association.

>4.  I am trying to not rack up attorney's fees for this, would
>it be acceptable for me to write her a letter that according
>to the order a judgement has been put in place by X law firm
>and that additionally I can seek to file a motion for XXXXXX
>and that she sholud seek to pay off the court ordered fines
>etc etc etc or face the court to explain why she should not be
>held in contempt once again for her failure to pay off the
>attorney's fees awarded from the last contempt hearing??

Waste of time. Either demand that the attorneys observe their fiduciary duty to you and get you reimbursed (or you'll sue them for breach), or go to court and ask for a set aside and a money order in your favor.