LifesPeachy
Member
What is the name of your state (only U.S. law)? DE
My ex was court ordered to pay $2,400 in legal fees to me. He abused our daughter in August which has resulted in several legal proceedings. I have in actuality spent more than that and continue to do so, all revolving around the same incident of abuse.
The court can see he has a pattern of taking me to court for frivulous things when he is the one in the serious wrong.
He had 45 days to pay and that time frame has now passed (as of 4/10). I saw him yesterday at a child support mediation and when I asked him about the legal fees, he claims to never have gotten the order and I said that he is in contempt of a court order. He just said good luck proving that they mailed it to me- which is an incredibly childish thing to say. He claims his lawyer no longer represents him and the attorney did not mail it to him. I dont believe any of it.
I am going to file a Rule to Show cause form. I will explain that he was ordered to pay this sum and hasn't- I am not sure what to request the court to do. It states, "the petition requests the order to be enforced as follows". What exactly should I write here? He was already "ordered" to pay the sum and hasn't. Can I say garnish his wages? His tax return? Not sure if any of those are likely.
He did claim our daughter on his taxes so I know he got a generous return- even though he knows he has no right to do so. I asked him about it in the child support mediation yesterday and he admitted to it stating he is allowed to do it every other year. I said he needs to show me the court order giving him permission to do that because the tax law states that the custodial parent (who ahs the child over 50% of the year) can claim the child. He is convinced he is right, even after the mediator was asking him why he did that. He can never and will never admit when he's wrong. It's the second time he's claimed her. I seriously HOPE the IRS busts him. I have a sick feeling he got away with it the first time in 2005. I just have to paperfile and submit my custody papers and got my refund in 2005 and will get it this year, albeit months later instead of days (when you can e-file).
So back to my original question- what should I ask of the court regarding him not paying the legal fees he was ordered to do. I have incured about $3000 in attorneys fees and another $1,700 through a pyschologist who testified in my daughters behalf. The lawyer only asked for attorneys fees to be repaid and at the time of that filing was only about $2,400 and has gone up since then. Not sure if I can submit copies of all the things I've paid revolving around this incident of abuse and ask for more $? I also have the realistic expectation that the court can order him to pay all kinds of money and he never will.
Please advice what I should do
My ex was court ordered to pay $2,400 in legal fees to me. He abused our daughter in August which has resulted in several legal proceedings. I have in actuality spent more than that and continue to do so, all revolving around the same incident of abuse.
The court can see he has a pattern of taking me to court for frivulous things when he is the one in the serious wrong.
He had 45 days to pay and that time frame has now passed (as of 4/10). I saw him yesterday at a child support mediation and when I asked him about the legal fees, he claims to never have gotten the order and I said that he is in contempt of a court order. He just said good luck proving that they mailed it to me- which is an incredibly childish thing to say. He claims his lawyer no longer represents him and the attorney did not mail it to him. I dont believe any of it.
I am going to file a Rule to Show cause form. I will explain that he was ordered to pay this sum and hasn't- I am not sure what to request the court to do. It states, "the petition requests the order to be enforced as follows". What exactly should I write here? He was already "ordered" to pay the sum and hasn't. Can I say garnish his wages? His tax return? Not sure if any of those are likely.
He did claim our daughter on his taxes so I know he got a generous return- even though he knows he has no right to do so. I asked him about it in the child support mediation yesterday and he admitted to it stating he is allowed to do it every other year. I said he needs to show me the court order giving him permission to do that because the tax law states that the custodial parent (who ahs the child over 50% of the year) can claim the child. He is convinced he is right, even after the mediator was asking him why he did that. He can never and will never admit when he's wrong. It's the second time he's claimed her. I seriously HOPE the IRS busts him. I have a sick feeling he got away with it the first time in 2005. I just have to paperfile and submit my custody papers and got my refund in 2005 and will get it this year, albeit months later instead of days (when you can e-file).
So back to my original question- what should I ask of the court regarding him not paying the legal fees he was ordered to do. I have incured about $3000 in attorneys fees and another $1,700 through a pyschologist who testified in my daughters behalf. The lawyer only asked for attorneys fees to be repaid and at the time of that filing was only about $2,400 and has gone up since then. Not sure if I can submit copies of all the things I've paid revolving around this incident of abuse and ask for more $? I also have the realistic expectation that the court can order him to pay all kinds of money and he never will.
Please advice what I should do