ex didn't pay lawyer now lawyer threatening to sue

[tigger22472]

When my ex and I went through our divorce he was ordered to pay my lawyer fees. It's been over two years now and he still hasn't. The lawyer started sending me the bills. I in turn sent them his address and phone number at the time stating that he was ordered to pay them. Is it my responsibility to pay the lawyer? He's threatening to sue me. Shouldn't he be suing my ex for contempt of court???

 

[sadeyes24]

if it is in your divorce decree that he is resposable for paying court / lawyer fees then yes the lawyer should be going after your ex. if it says in your decree then u need to give a copy to your lawyer and tell him to be sueing your ex not you .

 

[I AM ALWAYS LIABLE]

My response:

Realistically, the attorney has a contract with you, and can enforce that contract by obtaining a judgment against you. If you want, you can have another attorney go back to court to have the order converted to a judgment against your ex-husband. That way, your current attorney can sue you, and then you can take the responsibility for executing on the judgment against your ex-husband - - no matter how long it takes to collect.

But, your current attorney wants his money now, and is not willing to wait to go through the judgment process and location of assets concerning your ex-husband. Since you are in "privity of contract" with your attorney, this is the avenue your attorney can choose, and has chosen, and therefore you remain responsible for payment of the earned fees, notwithstanding the court's order that your ex-husband is responsible for payment.

In summary, your attorney has a contract with you, not your ex-husband.

IAAL

 

[tigger22472]

yes it is documented on my decree that my ex is to pay the lawyer. Just seems I've gotten screwed in all directions, he's paid support 8 weeks in two and a half years, he was ordered in the decree to not only pay the lawyer but to provide insurance on the children and he doesn't do that. All of this was ordered at my inital hearing. When we went back to the final instead of filing contempt charges on him he was given more time on things. My lawyer even had the nerve to say "I didn't think he'd show. If I knew he would I would of filed contempt charges on him." I live in Indiana and the ex lived in Michigan at the time. I told the lawyer that I KNEW he'd show and asked why he didn't file contempt anyways... I got no answer.

 

[I AM ALWAYS LIABLE]

My response:

Well, then you have a choice to make, don't you ?

Either let things go as they are, with your ex-husband being in contempt, and getting nowhere, fast . . . or, you can take the ball and run - - by that, I mean, you need to hire another attorney to file the contempt paperwork, and have the orders converted to a judgment against your ex-husband - - and then execute that judgment as fast as possible.

Sitting back, and doing nothing about it, is only going to get you sued by your attorney with no recourse against your ex-husband. So, instead of allowing "laches" or a Statute of Limitations become his defense, it's time to get off the computer, and contact an attorney who will take the rest of your case on contingency to collect the attorney's fees and costs owed to your first attorney.

IAAL

 

[kmjohnson]

I too have been in your shoes. My ex was $6000.00 in debt at one time. He still owes me for our daughters funeral bill. He was required to carry insurance and pay support too. I have found no other way to get any help apply for assistance at your local welfare office. I hate to take advantage of the system but I made too much money and I had a court order for support which still left me out of ways to get anything taken care of. I was too rich for help and too poor to afford help. I signed my son up for the medicade card and my husband now makes enough to cover me. The assistance is for my son only. That seemed to help get child support again and when the state has to step into help, things seem to get done a lot faster. My lawyer seemed to get my ex more time extentions when I was paying for help, than he was actually helping me. He gets away with everything and I get nothing.

 

[tigger22472]

I have stated before the it seems if you receive government assistance that they go after the "deadbeat" parents more. The thing of it is... even that is hard to achieve. I too don't believe in using the system, however it seems to me and always has that when someone needs just a small amount of help and is out working to better themselves it's not available. I am able to receive medicade for my children for that is the only thing that they can't use my bf income for since he can't legally get insurance on my children. I only get that since I can't get insurance on them and their dad doesn't carry it. Even still they don't keep up with the ex and I've since given up.