Can My Lawyer Take theprofit from home

[1betterlife]

What is the name of your state (only U.S. law)? AZ

My attorney was awarded his fees of 7500 from my ex husband through the court ,Judges Ordered. Now that our house is sold he is asking for me to take the money out of my side of the home sales and garnish my ex to get my money back. Would this make me responsible for chasing my ex for his attorney fees? This divorce and attorneys is just hard to believe. Why cant they go after my ex husbands profit for the home? Thanks for any help or suggestions.

 

[mistoffolees]

That sounds pretty fishy, but there may be something in the divorce decree that makes it OK. But from what you've said, your attorney has an order from the court that your ex is supposed to pay, but your attorney wants you to pay instead.

I think I'd ask him to show you where in the divorce decree it says that you have to pay those fees. If he can't do it, tell him to go after your ex himself.

 

[Ohiogal]

What is the name of your state (only U.S. law)? AZ

My attorney was awarded his fees of 7500 from my ex husband through the court ,Judges Ordered. Now that our house is sold he is asking for me to take the money out of my side of the home sales and garnish my ex to get my money back. Would this make me responsible for chasing my ex for his attorney fees? This divorce and attorneys is just hard to believe. Why cant they go after my ex husbands profit for the home? Thanks for any help or suggestions.

You are the one with a contract with the attorney. YOU are the one who can enforce the court order because it is your court order. YOU need to pursue the fees from your ex husband NOT your attorney. You are the one responsible for paying your attorney. Your attorney is correct.

 

[Ohiogal]

That sounds pretty fishy, but there may be something in the divorce decree that makes it OK. But from what you've said, your attorney has an order from the court that your ex is supposed to pay, but your attorney wants you to pay instead.

I think I'd ask him to show you where in the divorce decree it says that you have to pay those fees. If he can't do it, tell him to go after your ex himself.

He most likely has a retainer agreement and is just like any other creditor. OP has an order from the court that OP's EX is supposed to pay. If the attorney were a credit card company and the ex had been ordered to pay the credit card and OP had signed the contract would your advice be for the credit card company to pursue the ex? I think not. OP is responsible for collecting the fees from her ex. NOT the attorney.

 

[LdiJ]

He most likely has a retainer agreement and is just like any other creditor. OP has an order from the court that OP's EX is supposed to pay. If the attorney were a credit card company and the ex had been ordered to pay the credit card and OP had signed the contract would your advice be for the credit card company to pursue the ex? I think not. OP is responsible for collecting the fees from her ex. NOT the attorney.

I agree that she should do everything in her power to enforce the court orders and make sure her attorney gets paid. However her attorney has the ability to do some things, without significant cost to himself/herself that the OP doesn't necessarily have (at least not without potentially significant cost).

Therefore I certainly wouldn't pay the attorney up front and take full responsibility for chasing the ex.

 

[Ohiogal]

I agree that she should do everything in her power to enforce the court orders and make sure her attorney gets paid. However her attorney has the ability to do some things, without significant cost to himself/herself that the OP doesn't necessarily have (at least not without potentially significant cost).

Therefore I certainly wouldn't pay the attorney up front and take full responsibility for chasing the ex.

Really? What can the attorney do? Because the attorney cannot enforce the payment against the ex. The attorney does not have the ability to do that. So what exactly do you think the attorney can do when the attorney's contract with OP and NOT the ex. The attorney cannot enforce OP's divorce decree to his/her own benefit as the attorney is NOT a party to the divorce decree. The attorney has a contract for services with the OP.

 

[mistoffolees]

He most likely has a retainer agreement and is just like any other creditor. OP has an order from the court that OP's EX is supposed to pay. If the attorney were a credit card company and the ex had been ordered to pay the credit card and OP had signed the contract would your advice be for the credit card company to pursue the ex? I think not. OP is responsible for collecting the fees from her ex. NOT the attorney.

Yes, I thought about that after posting. Assuming that she has a contract with the attorney, she has to pay it and then collect it from her ex.

However, depending on her relationship with her attorney, she might ask them to take on the responsibility of going after him to collect the money to save her the hassle. But in the end, you're right. She has to pay it if he doesn't.

 

[Ohiogal]

Yes, I thought about that after posting. Assuming that she has a contract with the attorney, she has to pay it and then collect it from her ex.

However, depending on her relationship with her attorney, she might ask them to take on the responsibility of going after him to collect the money to save her the hassle. But in the end, you're right. She has to pay it if he doesn't.

The attorney CAN NOT go after the ex to collect the money owed to the attorney. The contract to represent the OP is with the OP NOT the ex. She is the one who has a legally enforceable contract with the attorney. The OP however has a court order that THE OP can enforce against the ex.

 

[1betterlife]

It says Wifes Attorney is directed to file a Application for Attorney fees

The attorney CAN NOT go after the ex to collect the money owed to the attorney. The contract to represent the OP is with the OP NOT the ex. She is the one who has a legally enforceable contract with the attorney. The OP however has a court order that THE OP can enforce against the ex.

he was awarded 7500 plus cost

 

[1betterlife]

Forgot to say thanks for all your help

What it boils down to is I sold our home. The net profit was 5000 the title company split the 2500 a piece. The second part is my lawyer had a lien for 15000 on our home . The bill was 8500. So now my attorney has in hand 15000 from sale. I feel he should take the difference 1000 from me and garnish his my ex check if he would. I cant even get the 2500 he is getting from the home and I have a judgement all ready against him for 6600 for house payments I had to make because he let home go into foreclosure. I just know this 2500 ny ex is getting will get blown and as far as he wanted to just let home go into forclosure. Hope I am exsplaining this right.
Thanks Again

he was awarded 7500 plus cost

 

[mistoffolees]

What it boils down to is I sold our home. The net profit was 5000 the title company split the 2500 a piece. The second part is my lawyer had a lien for 15000 on our home . The bill was 8500. So now my attorney has in hand 15000 from sale. I feel he should take the difference 1000 from me and garnish his my ex check if he would. I cant even get the 2500 he is getting from the home and I have a judgement all ready against him for 6600 for house payments I had to make because he let home go into foreclosure. I just know this 2500 ny ex is getting will get blown and as far as he wanted to just let home go into forclosure. Hope I am exsplaining this right.
Thanks Again

Ohiogal was right. Your attorney can collect their money from you. It's up to YOU to file to collect the money from your ex.

 

[1betterlife]

Thank you all for your time .This site give you ways to think.

Ohiogal was right. Your attorney can collect their money from you. It's up to YOU to file to collect the money from your ex.

Thank you all again