QUESTION

How do I find an attorney that will properly draft and submit a payment agreement to the attorney that represents my ex-fiance in a civil case?

Asked on Mar 29th, 2022 on Family Law - New Jersey
More details to this question:
My ex-fiance committed to paying me a large portion of a settlement he anticipates receiving in the near future. It was offered to me in an effort to offset the financial setback and emotional damage that I have suffered due to his actions. He prefers to keep his attorney out of the agreement but understands why I am seeking the advice and services of an attorney that will work directly with him and his attorney.
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1 ANSWER

Divorce Attorney serving Short Hills, NJ at Diamond & Diamond, P.A.
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You and your former partner have ended your relationship and as part of that break-up, he has agreed to pay you the sum of xxx as settlement of claims you and he agree are owed to you. To pay you that sum of money, he is willing to sign an agreement authorizing the lawyer representing him in a pending civil lawsuit to pay over to you the sum of xxx from the net proceeds of the settlement (which amount needs to be defined as a specific dollar amount).  It is not a difficult document to draft but as a lawyer, I would want to have him and the lawyer representing him sign an acknowledgment that you have a lien on the file and that no distributions can be made to him or to any other beneficiary until the satisfaction of the obligation owed to you. This is not the type of document that you should attempt to draft yourself nor should you ask the lawyer representing him to prepare. For reasons too voluminous to go into in this response, I would also not reference any claim for emotional damages flowing from the relationship in the preamble to the agreement since same may give rise to specific concerns by the other lawyer and blow up your deal. I would keep the language simple.   
Answered on Apr 01st, 2022 at 8:24 AM

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