Ex Husband has told his Lawyer Not to Communicate with Me

[yola]

What is the name of your state (only U.S. law)? California I am currently going through a divorce with My Ex Husband and he has advised his Lawyer not to communicate with me because everytime his lawyer talks to me eithier by email or phone he is charged , can this attorney do this ?

 

[quincy]

What is the name of your state (only U.S. law)? California I am currently going through a divorce with My Ex Husband and he has advised his Lawyer not to communicate with me because everytime his lawyer talks to me eithier by email or phone he is charged , can this attorney do this ?

Your soon-to-be-ex can tell his lawyer to limit contact with you - especially if you are in the habit of emailing or calling the attorney with frequency - but if you do not have an attorney of your own, the attorney must communicate with you on certain matters.

 

[Just Blue]

What is the name of your state (only U.S. law)? California I am currently going through a divorce with My Ex Husband and he has advised his Lawyer not to communicate with me because everytime his lawyer talks to me eithier by email or phone he is charged , can this attorney do this ?

Short answer; Yes. Perhaps. Maybe.

Do you have an attorney?

 

[quincy]

Here is a link to California's Bar Association Rules of Professional Conduct:

http://rules.calbar.ca.gov/Rules/RulesofProfessionalConduct/CurrentRules.aspx

Certain communications by an attorney are required. These communications can either be to the attorney of a represented party or, if the other party is acting pro se, to the party directly. The attorney can legitimately charge for the time to read and/or respond. However, it becomes a problem when the other party's emails or calls become excessive.

Are you making excessive demands on your soon-to-be-ex's attorney's time?

 

[yola]

had a hearing on Feb 1 2016

Your soon-to-be-ex can tell his lawyer to limit contact with you - especially if you are in the habit of emailing or calling the attorney with frequency - but if you do not have an attorney of your own, the attorney must communicate with you on certain matters.

and the hearing i told the judge that the Respondents attorney was told not to answer and any communication because it was BS and he the respondent did not like to be charged the Judge at the hearing told the attorney he has to communicate to me regardless of what his clients tells him what to do

 

[quincy]

and the hearing i told the judge that the Respondents attorney was told not to answer and any communication because it was BS and he the respondent did not like to be charged the Judge at the hearing told the attorney he has to communicate to me regardless of what his clients tells him what to do

What the judge said is not entirely true. Only communications that are relevant to the action need to be made by the attorney and the attorney does not have to answer each and every email or phone call. The attorney is able to limit his responses.

Are you making excessive demands on the attorney's time, to perhaps increase the costs of your ex?

 

[yola]

What the judge said is not entirely true. Only communications that are relevant to the action need to be made by the attorney and the attorney does not have to answer each and every email or phone call. The attorney is able to limit his responses.

Are you making excessive demands on the attorney's time, to perhaps increase the costs of your ex?

no my ex has failed to pay his spousal support and his arrears and his attorney just does not respond at all in regards to the past due arrears that my ex does not pay

 

[yola]

no my ex has failed to pay his spousal support and his arrears and his attorney just does not respond at all in regards to the past due arrears that my ex does not pay

my ex sent me a email and he said in the email that my request for the arrears and the late spousal support is BS and not to bother his attorney

 

[Just Blue]

no my ex has failed to pay his spousal support and his arrears and his attorney just does not respond at all in regards to the past due arrears that my ex does not pay

How far behind is he?

 

[yola]

How far behind is he?

the arrears is 60 days and the spousal support is 30 days

 

[quincy]

Please do not make the mistake of thinking that your ex's attorney represents your interests. He doesn't. If you contact your ex's attorney too frequently, you could find yourself being responsible for paying your ex's attorney fees.

Perhaps it is time for you to get an attorney of your own. You need to handle the failure to pay child support in the court, not through phone calls to your ex's attorney.

 

[yola]

Please do not make the mistake of thinking that your ex's attorney represents your interests. He doesn't. If you contact your ex's attorney too frequently, you could find yourself being responsible for paying your ex's attorney fees.

Perhaps it is time for you to get an attorney of your own. You need to handle the failure to pay child support in the court, not through phone calls to your ex's attorney.

we went through the courts many times on this issue and the Judge has advised me to File a Order To Show Cause for Contempt , because he does not pay spousal support or arrears on time

 

[yola]

we went through the courts many times on this issue and the Judge has advised me to File a Order To Show Cause for Contempt , because he does not pay spousal support or arrears on time

I only email my exs attorney when his spousal support is due and just wait to see if my ex sends his pmt ito me

 

[quincy]

I only email my exs attorney when his spousal support is due and just wait to see if my ex sends his pmt ito me

I recommend you stop doing this. The attorney is not your ex's babysitter.

If your ex fails to make payments as ordered, do as the judge said and file a motion for contempt.

 

[adjusterjack]

I only email my exs attorney when his spousal support is due and just wait to see if my ex sends his pmt ito me

My ex's attorney was just as obstructionist as your ex's attorney appears to be. It's very frustrating.

I battled that by repeatedly making voluminous filings with the court every time my ex's attorney ignored me.

Every time he had to read numerous pages of my own legalese and responded to it through the court he would end up charging my ex another $1000.

Finally, after almost two years of this, she choked on her attorney fees and settled with me. I came out rather well.

If you want to get your ex's attention, make your motions and filings with the court. The lawyer will have to read it and charge for it, answer it and charge for it, maybe appear in court and really charge for it. Your ex will get the message sooner or later.