I have a question for you Ladies - still going - nearly 1 year already. No child support or any other money still. Had contempt hearing almost 3 months ago and no decision from the judge. My lawyer keeps sending me bills even though by court order STBX owes him most of the balance. When I discuss with my lawyer regarding this point he says the money has to come from me if STBX doesn't pay him. So my question is what is the point of the judge ordering him to pay if I am responsible for it anyway?
Your lawyer can have your ex's wages garnished. Why has he not petitioned the court for a wage garnishment for child support? Temp support should have been set up within the first month or so if ex was not paying voluntarily. Your lawyer is running up bills for you and should be making sure your ex is paying them, not you.
Hi Hillymum - temp support was established but he never paid so I filed contempt and we had the hearing 3 months ago. but, no decision still from the judge:(
I have been pleading with the lawyer to ask for garnishment since the beginning because STBX has said he will not give me anything from day 1 and went to the hearing complaining he has too many expenses to pay child support and that I should be able to pay for things myself. The judge yelled at him, but, nothing has happened. The lawyer said we had to pursue with a contempt charge which cost another $8000.00 in fees which the judge told STBX he would have to pay additionally if I had to file contempt. I have told him again and again about garnishing, but, he says we have to wait for the hearing decision. He owes me over $40,000.
He sent me another bill yesterday and wants payment. I don't have anything to pay him. When I discussed this with him he said I have to get it from STBX for him or pay it myself?
OP - I just wanted to say I feel your pain!
In my case, XH never responded to any court filings and did not show up for the divorce/custody hearing. My lawyer never did anything about collecting her fees from him...even though he was ordered to pay some of my legal expenses.
I've spoken to different attorneys over the past year or so and they've said that if I can't locate him, there's nothing they can do.
My legal fees were mostly paid by my parents, but I'm not excited about incurring MORE fees just to locate him, file contempt charges, garnish his wages (if there are any), etc.
To quote one attorney, "You have the worst situation possible." Gee...thanks.