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What to do?

Started by rainbow1, Oct 07, 2006, 02:12:52 PM

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rainbow1

During mediation my exwife was court ordered to pay $600.00 of my attorney's fee since it was deemed her fault that we were there. The order reads that the ex shall pay $50.00 a month to XXX Law Offices for twelve months, to be paid in full by 08/01/2006.                                    The ex made 5 payments then stopped making payments. The lawyer is now a court commissioner, my bill is paid up except for the $350.00 still owed by my ex.                                                                                              

The office manager wants me to pay the bill and go after my ex in court for the money. I think they should do it since the court order says she owes the law office, not me, even though the account is under my name.                                                                                                                                                                                                      1. Should I send the ex a letter giving her a time limit to pay up?          2. If there is no response do I go after her for contempt or does the attorney's office have to do it?

socrateaser

>1. Should I send the ex a letter giving her a time limit to pay up?

No, she's already been told when to pay and how much. So, there's no reason to send a demand letter.

>2. If there is no response do I go after her for contempt or does
>the attorney's office have to do it?

I'd tell office manager that your interpretation of the order is that the court has transferred the responsiblity to pay that portion of the attorney fees to the other party, because the order is made payable to the attorney -- not to you. So, it's up to the attorney to enforce the order.

As it stands right now the attorney can move the court for a money judgment and then initiate garnishment proceedings against the other parent, without having to involve you in the controversy. If you do it, you'll have to pay for an attorney to represent you, which would defeat the a primary purpose of the court's order for fees -- to compensate you for having had to pay attorney fees, which would have been unnecessary, but for the other parent's actions in mediation.