Legal Question in Family Law in Indiana
Filed rule to show against ex for visitation. She in turn later filed for modification of visitation. Judge ruled in my favor and found her in contempt and ordered her 180 days in jailed to be stayed with these conditions. Visitation was to start again immediately. Both of us were to re-enroll our child in counseling and turn it in on our insurance and then what was not paid by insurance was to be divided per our original agreement with her paying the first $650.00 of uninsured cost. Ex was also ordered to pay $2000.00 of my attorney fees within 90 days of Judges Decision. I also will have full custody of our child next summer. She was denied her request for modification.
I called Ex to discuss counseling and she stated that she is not paying anything above what the insurance pays on counseling.
Ex called my attorney that I used for my case and wanted to know if she could make payments to him for the attorney fees. He told her I had paid him and that I no longer had him on retainer and to contact me. This happened the next day after she blasted me on the phone over trying to make arrangements for counseling.
Is payments even my decision to make since the judge made the order over attorney fees? Shouldn't she take that up with the court?
She told the attorney she wanted to make $100.00 a week payments. Why should I believe that she will make payments when its been almost two months now and I will be she does not even have anything saved back yet.
I tried 9 months ago to get this settled and we both could have saved a lot of money on attorney fees for pretty much what the judge order but she would not budge. Is it my place to worry about what she got herself into?
1 Answer from Attorneys
If you are willing to accept a compromise or less money for the fees, there is no law that prohibits you from doing so. I cannot answer whether you should or should not believe her.
If the order gave the attorney a judgment for the fees, you need to obtain an assignment of that judgment.