Statute of limitations

[LadyBrotten]

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

My ex-husband filed for divorce in 1990 in Hall Co., among several of the stipulations of the decree there were court ordered trusts, and property to settle. The only thing he ever followed through on was the Child support.

I was a single mother through the duration of our son's childhood and was never able to afford a retainer to enforce the court order... my question is as follows, is there any way to ensure the trusts, payments etc. are fulfilled this late in the game?

 

[Ohiogal]

Go see an attorney. They should be able to file a motion to enforce. Whether or not you will win depends on a variety of things at this juncture.

 

[mistoffolees]

Go see an attorney. They should be able to file a motion to enforce. Whether or not you will win depends on a variety of things at this juncture.

Note that if there's a significant amount of property, the attorney may be willing to arrange to be paid from the property division or accept a payment plan rather than asking for cash up front.

 

[Ohiogal]

Note that if there's a significant amount of property, the attorney may be willing to arrange to be paid from the property division or accept a payment plan rather than asking for cash up front.

Not if the attorney is ethical -- they should NOT be willing to arrange to be paid from property division. A payment plan is a different story and an attorney MIGHT accept payments. Might not. I know I won't accept payments if the client cannot come up with the initial retainer.

 

[LdiJ]

Not if the attorney is ethical -- they should NOT be willing to arrange to be paid from property division. A payment plan is a different story and an attorney MIGHT accept payments. Might not. I know I won't accept payments if the client cannot come up with the initial retainer.

Is it really unethical for an attorney to agree to be paid from the property settlement if its clear that there will be enough property settlement to cover the attorney fees?

It might be foolish, but is it really unethical? I am asking the question honestly. I know that contingency fees are unethical in a divorce, but is it really unethical to agree to delayed payment out of the settlement?

 

[Ohiogal]

Is it really unethical for an attorney to agree to be paid from the property settlement if its clear that there will be enough property settlement to cover the attorney fees?

It might be foolish, but is it really unethical? I am asking the question honestly. I know that contingency fees are unethical in a divorce, but is it really unethical to agree to delayed payment out of the settlement?

It is unethical in family law cases to tie payment to settlement/award. An attorney can agree to a payment plan but not tie said payment to the award -- at least not in family law cases.