QUESTION

My ex-wife's attorney is either stalling or incompetent, what course of action can I take?

Asked on Mar 03rd, 2016 on Child Custody - Indiana
More details to this question:
Back on 12/4/15 my ex and I settled on the emancipation of our oldest child. Her lawyer filed a motion (or whatever it is) that we had come to an agreement and he was to submit the revised child support worksheet & order entry. It took six weeks before he sent me the forms to review. He had totally screwed up and I had him redo it. He has since messed it up two more times. Fed up, I did the worksheet & corrected his order and sent him and my ex copies. She agrees with the forms. However, it's been three weeks and he still hasn't filed them. I've been paying $80 a week more than I should have, for the last thirteen weeks. This has cost me $1040 and made my ex go in arrears that much (by being overpaid). I'm about to file the forms myself. Since the judge had said he was to file the forms, can I file contempt charges against him? I know I can file an order to compel. On a side note: when we had originally agreed to the emancipation, he said he wouldn't be able to file the forms until the following week. I said that was unacceptable, because I would end up paying another week of support. He then gave me his word that he would personally pay me the difference. As far as I'm concerned, he owes me the $1040. I even have a recorded phone conversation of him acknowledging the verbal agreement. What can I do?
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1 ANSWER

Criminal and General Civil Litigation Attorney serving Warsaw, IN
3 Awards
You are only overpaid on your support. Over payments can be handled by reducing what you are currently paying. Set the case for hearing. Better yet, you should have hired your own attorney to handle this. Since you were the one most immediately benefiting from the emancipation, your attorney and you have the incentive to keep things moving. Why should your wife's attorney move at the fastest pace possible? To save you money? Candidly, you were taking the cheap way out by expecting her attorney to act at the speed most favorable to you. Tough lesson, but you will know better next time.
Answered on Mar 29th, 2016 at 9:31 AM

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