Legal Question in Family Law in California
Judgement for Attorney fees
I have a child support court order that is two years old. My ex owes me over $100,000 in child support now and avoiding and evading Department of Child Support Services. He did not show up for our court date, but I had sufficient income evidence on him in court. The judge orded my ex to pay $10,000 in attorney fees. He never did. Now my attorney's accountant keeps calling me telling me that since my ex is ignoring the court order to pay attorney fees, I need to pay. She also says they can sue me to get their fees. Is this possible? I keep mentioning to her that no where in my contract with my the law firm does it state that I was responsible for Attorney fees that the judge ordered my ex to pay....H-E-L-P!
3 Answers from Attorneys
Re: Judgement for Attorney fees
you are responsible for the attorney fees.
Re: Judgement for Attorney fees
Unfortunately you are responsible for the fees that you contracted for. Even though your husband was order to pay, you are also responsible. I would contact a private attorney to collect the support and attorney fees from the husband. Is he working? Can his wages be attached? Does he own property that can be attached? You might try contacting a collection attorney and they might have more success. The county is terrible at collecting child or spousal support obligations although they can have him put in jail for failure to pay. Most private attorney's dont collect judgments either. I would talk to the attorney and see if thye will wait till you can try and collect from your ex. I doubt that he will sue you. You might question the amount of the bill since he hasnt collected any of the support and make sure the bill can be justified under the agreement you signed.
John A. Giffen
Re: Judgement for Attorney fees
1-Who signed the contract? I bet it was you and your atty, right?
2-What does the contract provide for
re: charges, hourly fees, costs, etc. I suspect that any sums collected pursuant to the court order re attorney fees are to be credited to your account.
3-In this lawsuit, the amount in question might be a figure other than $10,000 however.