QUESTION

What should I do now if my ex was ordered to pay attorney fees but did not pay for it?

Asked on Mar 20th, 2013 on Divorce - California
More details to this question:
I had two motions last year. In both FOAH, it’s written my ex will have to pay my attorney directly. It's been a year and my ex has not paid a dime. I just changed my attorney as he is expensive and now the ex-attorney has sent me that bill and said I have a right to arbitration if I don't pay the bill.
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4 ANSWERS

Talk to your current attorney about a wage withholding order.
Answered on Mar 22nd, 2013 at 12:31 PM

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The bill to your former attorney remains your responsibility. You should bring a contempt action for non payment of the court order against your ex.
Answered on Mar 22nd, 2013 at 12:30 PM

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An order for attorney's fees is just like a judgment wherein it is up to you (or your attorney) to enforce it if the judgment debtor (your ex in this case) is unwilling to voluntarily pay. If your ex has assets or earnings,?enforcement should not be very difficult although it is a process (obtaining a Writ of Execution, enlisting the services of the Sheriff to levy or garnish). If your ex?has no assets?and is unemployed, you may be in a situation just like thousands of other judgment creditors who have unenforceable judgments. As far as your attorney is concerned, my guess is that he/she has something in their retainer agreement with you wherein they are only obligated to deduct fees ordered if the fees are actually collected. You should request arbitration as this will slow the process down of your attorney coming after you for the fees and you may be able to ultimately compromise those fees.
Answered on Mar 22nd, 2013 at 9:59 AM

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You signed a retainer and so are probably responsible for the fees. See whether the attorney will negotiate them before he sues you. Meanwhile depending on the amount sue your ex in small claims for the money.
Answered on Mar 22nd, 2013 at 9:27 AM

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