Attorney Failed to Follow Court Order

[Dominic82]

What is the name of your state? California.

I went to court in August 2007. One provision of my pending divorce was a reduction in my spousal support effective October 2007. I've attempted to contact my attorney through e-mails and telephonically for the last 6 months about this $200 overpayment without a response. So therefore, I discharged him last week and will handle it on my own.

According to the court-order, my wife's attorney was suppose to submit the paperwork for the reduction. Is there a penal code or law for "failure to comply" with a court order? Both should be held responsible, one for not submitting the change and my attorney for not pushing the issue.

[seniorjudge]

CALIFORNIA

Scott J. Drexel
Chief Trial Counsel
State Bar of California
1149 South Hill Street, 10th Floor
Los Angeles, CA 90015-2299
213/765-1468
FAX: 213/765-1029
Website: [url]www.calbar.ca.gov[/url]

State Bar of California
180 Howard Street, 6th Floor
San Francisco, CA 94105-1639
415/538-2063
FAX: 415/538-2214



Call these folks and ask them your questions.

[Ronin]

Given the other side did not file the paperwork there was no reason your attorney could not have filed it. As a practical matter you have very little recourse against either attorney and would be wasting time and effort going down that road. Unless you really can handle the filing on your own, you probably should hire another attorney to do it.