Post Judgment Property Division being set aside on wording of child support question.

[GAonMYmind]

My ex is trying to set aside my property judgment on the way the 15 day notice to court and her is worded. There was a monetary judgment, but she says because the notice that talks about child support says "does not include financial issues or child support", she thinks that means she doesn't have to pay me. My lawyer says this happens all the time and is pretty much their only defense. I am not familiar with this and need other persons opinions on this.

 

[Silverplum]

My ex is trying to set aside my property judgment on the way the 15 day notice to court and her is worded. There was a monetary judgment, but she says because the notice that talks about child support says "does not include financial issues or child support", she thinks that means she doesn't have to pay me. My lawyer says this happens all the time and is pretty much their only defense. I am not familiar with this and need other persons opinions on this.

Listen to your attorney.

 

[Zigner]

I like the OP's userid...clever.

 

[GAonMYmind]

Listen to your attorney

My attorney has passed away and took what retainer I had with him. I am just looking for someone who may be able to help or know what to do.

 

[Zigner]

My attorney has passed away and took what retainer I had with him. I am just looking for someone who may be able to help or know what to do.

You should be able to make a claim with his estate for the balance of your retainer. You would also be wise to seek the guidance of a new attorney.

 

[GAonMYmind]

I was told by his secretary, who had taken another job in a new firm, that the money was tied up in Probate Court and that basically there was nothing left. She sounded very surprised that I was even able to locate her and wanted to know who told me where she was. I was just hoping for an opinion on my matter here, but I can see this tree is not going to bare any fruit.

 

[Zigner]

I was told by his secretary, who had taken another job in a new firm, that the money was tied up in Probate Court and that basically there was nothing left. She sounded very surprised that I was even able to locate her and wanted to know who told me where she was. I was just hoping for an opinion on my matter here, but I can see this tree is not going to bare any fruit.

This doesn't make any sense. First of all, I'm surprised that the attorney was able to advise you on the matter within the last 2 weeks, but now he's dead and his estate has been distributed already. Second, money that he holds in client trust accounts are not a part of his estate (my statement above was a bit misleading because I was trying to simplify my intention). If you can't get satisfaction in that regard, then I would suggest that you make a claim against any professional insurance or bonds that he may have had.

 

[OHRoadwarrior]

His professional account and active cases should be assigned to another attorney. Contact the county court or Bar Association to find out whom the attorney is.