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Am I obligated to pay the attorney fees for my wife just because the judge says so, even though I have no contract with that lawyer? So, will I be held in contempt if I refuse to pay those fees.To my understanding, It is a civil debt and they can go through normal collection processes. Even if I am held in contempt, which should not happen, I can not be jailed for this type of debt, like I can before child support due to this being treated differently than a civil debt by law. Please let me know if I am correct. Thanks
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In regard to what appears to already be an attorney fee award to your wife, payable by you, if it is not paid "as and for child support" you are correct: this is a "civil debt" under a civil Judgment that is accruing interest at the Judgment rate: 10%. Yes you have to pay it even though you do not have a contract with your Wife's attorney as it is a Court order. These orders are rendered normally under Family Code 2340 and Family Code 271.
Answered on Mar 29th, 2013 at 12:35 PM
Yes, if a judge ordered you to pay your spouse's attorney's fees, then you are obligated to pay them. It is a court order which you cannot ignore. Failing to comply with a Court order is the definition of contempt of court, and you can be liable for civil AND criminal penalties. It is not an ordinary debt - it is a court-ordered debt. Your assumptions are not correct - you can be held in contempt, you can be held liable for civil and criminal penalties, including jail time if you repeatedly fail to comply with the judge's order.
David L. Gibbs, Esq.The Gibbs Law Firm, APCSan Clemente, Californiagibbslaw.com
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Answered on Mar 27th, 2013 at 5:08 PM