Legal Question in Family Law in Texas
I am the respondent in a divorce case. On Jan.10, 2011, a support order was filed wherein I receive a fixed dollar amount "payable on the 6th and 20th day of each month thereafter until further order of this Court." I received support as described for January through April.
On April 21, 2011, we went into mediation. At that time, we agreed that I would receive a portion of military retirement effective with the divorce.
The mediation agreement further states that my attorney "shall deliver drafts of any documents to be executed in connection with this settlement to counsel for the other parties hereto within 14 days from the date hereof." (May 5)
I have been calling my attorney twice a week since May 6 (the date of the first missed support payment) asking for a return call; it never came. I finally reached him on June 14, at which time he informed me that the paperwork was completed "over the weekend," that I would see it before it is sent anywhere else (as there's a history of erroneous facts and stipulations in previous court filings) and that I'm NOT DUE any support for May and June.
As I have received neither spousal support nor retirement distributions, and the divorce paperwork is now in excess of 6 weeks overdue to the court, I'm wondering which amount I'm supposed to be receiving - I think it's the spousal support until the divorce is filed. However, it's not the other party's fault that the divorce hasn't been filed - it should have been complete six weeks ago.
Yet, there IS a COURT ORDER for support until further ordered.
Seems to me that I should be receiving support, and if the other party doesn't like the delay, he should sue my attorney for reimbursement.
My attorney has received a $4,500 non-refundable retainer and has provided me no statement of account since I hired him in October 2010. Do I need to hire a different attorney to get this guy off of center?
Although he indicated that the papers were drawn up and that I'd get them before the other counsel or the court, it is now Thursday (I live in the same town) and nothing has appeared in my mail.
I'm looking for opinions as to:
1) The support payment vs. retirement payment - which should I be receiving for the period between mediation and the completed divorce action?
2) Should I hang on and hope that this case is resolved in my lifetime, or find another attorney to pick up the case and sue my first attorney for failure to perform and costs associated with second attorney?
Where do I go from here?
Thank you in advance.
1 Answer from Attorneys
Did you make any kind of agreement that the support payments would stop? Does the support order (temporary orders) have an expiration date?
If the answer is "no," then you are entitled to support payments.
[I assume that you have some kind of written contract with your lawyer ...]
I suggest this: Write a letter to your lawyer (paper letter - no emails, no phone calls). It would say:
----------
Dear Lawyer,
I believe that I should have been receiving support payments in May and June. I have not been receiving them. Please call me or write to me TODAY and let me know your plans for enforcing the temporary orders.
If you are unable or unwilling to enforce the temporary orders, let me know immediately so that I can engage other counsel.
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