What is the name of your state (only U.S. law)? Michigan
In May 09, my ex and his attorney were told by the judge that my ex was to pay me child/spousal support plus arrears. The judge then told his attorney to "enter the order" with the court. Afterward, my ex did not pay his attorney, his attorney has simply blown it off and 6 months later nothing has been done. Is that how it works?
Background: We are divorced 2 years. My divorce is Non-modifiable and I get a certain amount each month a combination of child/spousal support. The divorce states that as each of my kids get older and fall off child support, my spousal support is to increase to make up the difference. Shortly after divorce my oldest turned 18 and the FOC lowered the monthly amount my ex was to pay, but no change was made to spousal support. I was told by the FOC that I had to file a motion to get the amount corrected.
6 months ago I filed my motion, with no attorney, and asked the court to correct the monthly support amount. My ex then replied with several trivial motions of his own including claiming poverty and asking to modify the support agreement. Because he had an attorney, I was scared, so I borrowed money from family to get my own attorney.
I paid my atty $2500 and he came to court to represent me. The judge told my ex and his attorney that he absolutely was required to pay the entire monthly amount plus the arrears owed. Because he wanted the divorce as NON-MODIFIABLE, that is exactly what it is. After arguing a few of his other motions, visitation time, and couple of others, the judge finished by asking: "who is going to enter the order?". I told the judge I could not afford to pay any more for an attorney so the judge told my ex's attorney to "enter the order".
Now, here is the hard part. Shortly after, my ex's attorney did send over an order for me to review and sign. But, they twisted what was said in court, and left out important details. I told my atty that the order was incorrect and he said he would get the transcript and follow up with the other atty. My ex stopped paying the other attorney, so his attorney would not even talk to my attorney, nor would he do what the judge had instructed him to do.
Weeks went by and nothing happened. 2 months went by and nothing happened. My attorney then told me that for $1500, he would get to the bottom of it. And, nothing happened.
I finally got something in the mail that said that my motion had been closed.
My question is: Is that how it works? My attorney charges my $4000 for a simple motion, my ex stops paying his attorney and nothing gets done? I am EXTREMELY upset.
I now plan to file my original motion on my own again and get before the judge and ask that the judge enforce the court order.
Do I have any recourse against my loser of an attorney who did nothing? Why didn't he take charge from the beginning and see that I get what the judge ordered? The judge flat out told my ex he had to pay the proper amount, but he and his attorney, and my attorney simply did nothing and now I get nothing.
Now, he tells me that for $2000 more money, he will get to the bottom of it, but that is what he said 4 months ago.
What do I do?
Don't flame me, just help me please.What is the name of your state (only U.S. law)?