Attorney’s fees - statute of limitations - KANSAS

[AmarieNorton]

What is the name of your state? KANSAS

If one party is ordered to pay the attorney’s fees of the other party, how is this debt treated? Does it go under a child support or spousal support umbrella or is it treated as regular unsecured debt (like debt owed to a doctors office).

If this debt is treated like regular debt - is it subject to statute of limitations?

 

[seniorjudge]

What is the name of your state? KANSAS

If one party is ordered to pay the attorney’s fees of the other party, how is this debt treated? Does it go under a child support or spousal support umbrella or is it treated as regular unsecured debt (like debt owed to a doctors office).

If this debt is treated like regular debt - is it subject to statute of limitations?

It is a court ordered payment in the judgment of the lawsuit; I doubt that there is any statute of limitations on it.

 

[Bali Hai]

It is a court ordered payment in the judgment of the lawsuit; I doubt that there is any statute of limitations on it.

Furthermore, the debt is owed to an attorney. My guess is, that upon default, the attorney will refer it to the county sheriff for collection. You can pay installments plus poundage. You don't want to go there.

My advice is to pay the judgement in full, or work out a payment plan acceptable to the attorney.

Ignoring a judgement for money owed to an attorney is not the way to go.

 

[Ohiogal]

Furthermore, the debt is owed to an attorney. My guess is, that upon default, the attorney will refer it to the county sheriff for collection. You can pay installments plus poundage. You don't want to go there.

My advice is to pay the judgement in full, or work out a payment plan acceptable to the attorney.

Ignoring a judgement for money owed to an attorney is not the way to go.

In Ohio -- and probably some other states though I am not sure -- attorney fees may be considered and classified as alimony.

 

[Bali Hai]

In Ohio -- and probably some other states though I am not sure -- attorney fees may be considered and classified as alimony.

Is there a statute of limitations on that? If not, I have back tax years on which I can claim a refund.

 

[LdiJ]

Is there a statute of limitations on that? If not, I have back tax years on which I can claim a refund.

Uh.....state law wouldn't rule on that one (except maybe on state taxes) only the tax regs would rule on federal taxes. I am pretty sure that the IRS would take a dim view of that one. I am pretty sure that they would consider attorney fees to be a property settlement issue rather than alimony.

 

[AmarieNorton]

Furthermore, the debt is owed to an attorney. My guess is, that upon default, the attorney will refer it to the county sheriff for collection. You can pay installments plus poundage. You don't want to go there.

My advice is to pay the judgement in full, or work out a payment plan acceptable to the attorney.

Ignoring a judgement for money owed to an attorney is not the way to go.

I believe the money is owed to one of the parties b/c they already paid the attorney. The other party is supposed to reimburse the party that paid the fees.

 

[Bali Hai]

I believe the money is owed to one of the parties b/c they already paid the attorney. The other party is supposed to reimburse the party that paid the fees.

Highly doubtful that the party who was awarded attorney fees because they couldn't pay, already paid the attorney.

In any case, the attorney will see to it that the money judgement is collected.

Ignoring it will only cost more money.

 

[AmarieNorton]

Highly doubtful that the party who was awarded attorney fees because they couldn't pay, already paid the attorney.

Highly doubtful or not, that's what happened. And the party who was awarded attorney fees didn't get awarded the fees b/c they couldn't pay.

I'll also point out that this divorce was final in 2001, if the other party owed an attorney I think that they would know about it. Like another posted said, the attorney would have filed a judgement or something which hasn't happened.

If the fees are owed to the party (and not the attorney) is this debt considered alimony or child support or an unsecured debt?

 

[Bali Hai]

Highly doubtful or not, that's what happened. And the party who was awarded attorney fees didn't get awarded the fees b/c they couldn't pay.

I'll also point out that this divorce was final in 2001, if the other party owed an attorney I think that they would know about it. Like another posted said, the attorney would have filed a judgement or something which hasn't happened.

If the fees are owed to the party (and not the attorney) is this debt considered alimony or child support or an unsecured debt?

I believe it would be considered a judgement that hasn't been satisfied and needs to be collected.