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  1. #1
    wlkwithwolf is offline Member
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    questions about a contempt trial

    What is the name of your state (only U.S. law)? The case is in Colorado

    My attorney went to court on my ex's contempt charges of not paying child support, not providing health insurance and a vehicle issue (attorney insisted because it would bring me $5000) and at that advisement hearing he did nothing except say ok to everything and now i have a 2 hour contempt hearing next month.

    My problem is, my attorney wants another $1000 to continue. I do not believe i should pay him for the reasons of 1) I had come to notice he is double billing me 2.) he had all evidence and allowed my ex to talk his way out of it 3.) i do all the work i write the contempt's (2 different times) and the rule 129 and 129.5 (which has been an ongoing he will not submit to the courts issue for 2 years now) and all he does is copy it to a legal paper and tell me to get it signed and than wont submit anything. 3) i told him Jan 2009 that the state of Kansas child support enforcement is on it because its their job and the kids are on state aide through them and he can't seem to remember me emailing and telling him this since then. And finally my attorney is asking for a 50% of the money that would be rightfully awarded to the children (back child support) even though i have paid him for his duties and been double billed.

    My question is...

    Is there a way to motion to drop the contempt case?

    I had someone offer to buy the said vehicle as is and I will NEVER get the money to fix it right anyway, the state of Kansas is on the case to get child support and health insurance and they will be some what aggressive and i know they will actually do it instead of me paying hords of money i do not have. When i sell said vehicle i do plan on retaining another attorney and firing the old one since he does not defend me or the kids. The kids therapist has even asked why he is not doing anything to protect the kids. The state of Kansas attorneys will also work with the kids therapist and help get a new parenting plan done since my attorney can't seem to read my emails about the parenting plan was only good until may 2008 (the judge had me put that on there to begin with since ex had not had an interest in the children at that time.
  2. #2
    Ohiogal is offline Senior Member
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    Quote Originally Posted by wlkwithwolf View Post
    What is the name of your state (only U.S. law)? The case is in Colorado

    My attorney went to court on my ex's contempt charges of not paying child support, not providing health insurance and a vehicle issue (attorney insisted because it would bring me $5000) and at that advisement hearing he did nothing except say ok to everything and now i have a 2 hour contempt hearing next month.

    My problem is, my attorney wants another $1000 to continue. I do not believe i should pay him for the reasons of 1) I had come to notice he is double billing me 2.) he had all evidence and allowed my ex to talk his way out of it 3.) i do all the work i write the contempt's (2 different times) and the rule 129 and 129.5 (which has been an ongoing he will not submit to the courts issue for 2 years now) and all he does is copy it to a legal paper and tell me to get it signed and than wont submit anything. 3) i told him Jan 2009 that the state of Kansas child support enforcement is on it because its their job and the kids are on state aide through them and he can't seem to remember me emailing and telling him this since then. And finally my attorney is asking for a 50% of the money that would be rightfully awarded to the children (back child support) even though i have paid him for his duties and been double billed.My question is...

    Is there a way to motion to drop the contempt case?

    I had someone offer to buy the said vehicle as is and I will NEVER get the money to fix it right anyway, the state of Kansas is on the case to get child support and health insurance and they will be some what aggressive and i know they will actually do it instead of me paying hords of money i do not have. When i sell said vehicle i do plan on retaining another attorney and firing the old one since he does not defend me or the kids. The kids therapist has even asked why he is not doing anything to protect the kids. The state of Kansas attorneys will also work with the kids therapist and help get a new parenting plan done since my attorney can't seem to read my emails about the parenting plan was only good until may 2008 (the judge had me put that on there to begin with since ex had not had an interest in the children at that time.
    If you filed contempt, you can file to dismiss it. Regarding what I bolded -- if he took this case and actually has it stated in the retainer agreement that it is partially on contingency or for a portion of the child support YOU NEED TO REPORT HIM and file an ethics grievance against him.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  3. #3
    wlkwithwolf is offline Member
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    thanks

    Thank you ohioGAL

    When i retained my attorney all he did was send me a half sheet of paper handwritten thanking me for using him. What else would/should have i gotten from him that would be a retainer agreement?

    I vaguely remember there being other paperwork with it but i do not have copies, which is strange since i have kept everything including emails since before i even left the ex. I have most bills from the attorney, i am missing October 2008 to February 2009 in which i do not even remember getting any. I have 2 - 4" folders one of visits, calendars, emails from ex's girlfriend, letters from her. And in the other i have every rule 129.5 and 129 that the attorney was to file but never did, all contempt he was to file and never did, his bills, his emails, all filings i started with back in 2006 and i do not seem to have anything from my attorney that looks to be an agreement.

    Thanks again
  4. #4
    wlkwithwolf is offline Member
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    didn't want to start new thread for old problem

    I was about to send my attorney a your fired for double billing, and not getting things done package. But first i sent an email asking for him to email the EX's attorney and remind him that the ex will not be getting kids due to my vacation time this week. My attorney didn't think that me not having any contact information for the ex was a problem. I saw why... more money to attorney to email everything.

    In return i got an email from his assistant saying that my attorney has resigned due to me not paying him even though hes helped me collect $4000 in child support.

    Ok thats fine, i was going to fire him anyway since he was double billing and charging me $300 an hour instead of $150 as in the agreement. And, that he wasn't doing anything to help me and the kids, hes got the therapist release for the kids, 2 years hes prepared a rule 129.5 and 129 but never turned them in (that i wrote too).

    My problem is now that the state of Kansas is on it due to the ex not supplying health insurance the state is (i have no job due to ex harassing me at work and daycare physically harming my kids and there is only one daycare in town. i did go to a job interview at the post office this week so fingers are crossed and i felt the kids needed health insurance which my son got sick this past march and the bills weren't low) supplying the health insurance and the ex is still behind in child support by a large enough amount that the state is going after him. My wonderful attorney resigned a month before my contempt trial against the ex in Colorado and he was very unhappy that i supplied the state of kansas the info and i even told my attorney since January that the state is on it never mind... he turned it in anyway and now that he is gone i have a trial and i need it dismissed.

    Ha ok the attorney is still the attorney of record but he will not answer me on dismissing it. Who or how can i go about dismissing it myself and it be for good reason to the courts?

    I did just talk to the state of Kansas and they sent some paperwork out july 2nd to intercept the case in Colorado so they can take over. or will this automatically dismiss the case in Colorado?
    Last edited by wlkwithwolf; 07-16-2009 at 01:38 PM.

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