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