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Old 09-19-2009, 07:58 AM
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Join Date: Aug 2009
Posts: 7

Lawyer Didnt Finish Case/Disappeared


What is the name oWhat is the name of your state (only U.S. law)? New Jersey

I had a complaint filed againest me by my ex husband to force me to refinance the marital home he had signed over to me in the divorce. My attorney and his settled it outside of court on July 31st. The agreement was that I would be given another 2 years to find my own mortgage and if I couldnt I would put the home up for sale. This was done because he wanted his name removed from the mortgage. Also the cost of the mortgage is the same as my alimony so it was agreed he could hold my alimony and pay the mortgage with my alimony money (which was an agreement from the divorce).

Without my knowledge my attorney agreed that I would pay a portion of his legal fees. I never agreed to that term. In order to collect his legal fees back my ex took it upon himself to withhold my child support for the past 2 months.

Since all this was agreed upon verbally on July 31st I still have not signed anything as I dont even have a consent order to sign, stating the details of the settlement. Ive contacted my attorney for 4 weeks now asking for an update and her assistance in making my ex husband accept a payment plan for the legal fees, even though I still dont think I should have to pay them. (My lawyer claims a judge would make me pay them because it was an enforcement suit and Im better off paying a portion than having a judge make me pay all of my exes legal fees).

My Attorney has not returned one of my phone calls in the past 4 weeks. Im running out of money to support the children, Ive used all my savings account money to support them. My ex now tells me Im paid in full and on October 1st my Child Support payments will begin again.

He had no right in my eyes to handle it this way, and my attorney did nothing to help me. Ive called child services and was told he cannot do what hes doing, that the child support has to be paid and my ex must accept a payment plan from me.

Technically speaking if I never signed any settlement agreement on the case, isnt my ex in arrears for 2 months?

Would it do me any good to contact the judge who was to hear the case and has read the complaints, asking her to intervene with my attorney and his and rectify this situation. Its not just the child support, he was to sign and deliver to me the quit claim deed on the home and also deliver a copy of life insurance policy he had to take to cover me because of my alimony.

Where do I go from here? I feel lost in this, and I paid an attorney and shes just dropped the ball on me so at this point I need to help myself as I cant afford another attorney.
f your state (only U.S. law)?
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