Private judge fiasco and questions

[Cantata300]

Oregon: Wondering if anyone has heard of anything like this or has any legal advice or knows about statutes of limitations on something like this. Background is - high conflict Parents divorced in 2016 with a settlement for property, child support and visitation. By 2019 a modification was filed for custody and child support. Both parents agreed to use a private (reference judge) for trial etc. Both parents had attorneys. Trial started in 2019. Was supposed to last 4 days and instead last 12 days and cost a lot more than originally thought. Due to Covid in 2020, trial didn't conclude till mid 2020. Judgement from private judge was only on custody matters. None of the financial issues were ever heard and in the order, judge said child support and fee requests were set aside for later date. Mom spent her remaining money in 2021 and 2022 attempting to get discovery and financials from dad. Even after dad being deposed and opposing counsel promising to send said financials, mom and her attorney got nowhere. Dad's attorney never filed for attorney's fees or attempted to go back to private judge regarding financials in 2020, 2021, 2022 or 2023. Private judge will not hear anything without retainer and more funds being spent on private judge. Mom has now exhausted all her money, is self representing and cannot afford to pay for private judge or legal fees. Dad's attorney all of the sudden has filed now to go in front of Private judge to hear financial matters and is insisting that only private judge be used (he is now after 3+ years asking for legal fees and to resolve the financials). Even Private judge has sent an email to higher circuit court judge to ask if she is allowed to send this case back to circuit court. The questions here are:

1. If using a private judge and one party simply runs out of money, how is it legal to force that party to use private judge? Anyone have insight?
2. I thought attorney's fee's had a statute of limitations and could only be requested for a certain time
3. Is there any advice here on how to handle this. It's clear dad's attorney doesn't want this in circuit court because so much time has gone by and new judge may not even entertain legal fees this far out.

 

[adjusterjack]

1. If using a private judge and one party simply runs out of money, how is it legal to force that party to use private judge? Anyone have insight?

Nobody is "forcing" Mom to use the private judge. She is free to capitulate and accede to Dad's demands and settle without further expense.

2. I thought attorney's fee's had a statute of limitations and could only be requested for a certain time

No, you thought wrong. Attorneys can charge fees for whatever work they do whenever they do it. Is that what you are asking?

3. Is there any advice here on how to handle this. It's clear dad's attorney doesn't want this in circuit court because so much time has gone by and new judge may not even entertain legal fees this far out.

Mom should have gone to a real court with a real judge with a lawyer representing her. She is free to do that now.

The trouble with the legal system in this country is that people with no money often get screwed by it.

 

[Cantata300]

Nobody is "forcing" Mom to use the private judge. She is free to capitulate and accede to Dad's demands and settle without further expense.



No, you thought wrong. Attorneys can charge fees for whatever work they do whenever they do it. Is that what you are asking?

Sorry I should have been clear. This is not mom's attorney. I'm talking about opposing counsel (dad's lawyer) seeking mom to pay his attorney fees 3 years after the fact.

Mom should have gone to a real court with a real judge with a lawyer representing her. She is free to do that now.

Mom and dad agreed to use a private judge and both had attorneys. The issue is that none of the financials were handled and case not settled and now mom has no more money. I understand mom can settle, so can dad. Mom is simply trying to find out what the law is. She wants the case to go to a regular circuit court judge and dad does not.

The trouble with the legal system in this country is that people with no money often get screwed by it.