Home'scool Posted August 1, 2017 Share Posted August 1, 2017 I love my divorce attorney. She is great, really. When I see her in action in front of the judge it is clear she is competent. The issue I have is that I think she may be a little too laid back and not aggressive enough. And because I don't know what I don't know, I am afraid there are steps we could be taking that we are not. My frustration comes from this: We have won every single thing we have asked for from the court, but my husband has yet to pay one.single.dime. He delays and delays and delays. Short history: We filed for temporary support, which I was awarded 35% of the difference in our salaries. This was in March 2017. My STBX filed a request to overturn the judge's orders. He was supposed to be paying weekly while his appeal was being considered but of course he didn't. We finally got a court date in June to address my STBX's request to overturn the temporary order. After waiting another 7 weeks for the judge's decision, the judge ruled in our favor. My husband still has not paid a dime. So now we have to file a contempt order. My lawyer said the earliest date we could get is September 27th. My fear is that my STBX will say he cannot make this court date which will push us out another few months. Then, when the judge orders him to pay what he should have been paying all along, he will just ignore it again, requiring me to file for another contempt date yet again, which will be months out. I just don't understand how he can be allowed to delay every single court date, ignore court orders, and basically use this process to keep all of our shared money under his control. He deposits his paycheck into an account I cannot access. He makes 5x what I make. I struggle weekly to meet all of my financial requirements while he has access to enough money to go on vacation and take his new girlfriend out. Does anyone have any suggestions .... any filing that would help speed things up? I am beyond frustrated that each filing takes months to get a date, and then weeks to get a ruling, and then we start the whole process over again when he ignores the court. Anybody Quote Link to comment Share on other sites More sharing options...
Mergath Posted August 1, 2017 Share Posted August 1, 2017 I agree that his behavior is completely unacceptable and I'd be livid, too. I'm not sure what your attorney would be able to do about it, though. It sounds like the problem isn't so much that she's not aggressive enough, but that the court is too busy and getting a court date to deal with this stuff is taking forever. Is there a reason the payments aren't being automatically deducted from his paychecks? Quote Link to comment Share on other sites More sharing options...
Home'scool Posted August 1, 2017 Author Share Posted August 1, 2017 Yes, I am worried it is just the way the court system works, although it seems completely unfair. The payments are not being automatically deducted because we have yet to have a contempt hearing. I am hoping that when we finally get a date the judge will be firm and decisive and not just allow this to go on. This whole process is so boggling to me. Every time my lawyer tries to reach out to his lawyer saying "What dates work for you" or "OK, the judge upheld his original order so now your client should start paying" they literally just do not respond. How unprofessional and unethical is that? I hope the judge holds both my STBX and his lawyer accountable! Quote Link to comment Share on other sites More sharing options...
lauraw4321 Posted August 1, 2017 Share Posted August 1, 2017 I'm not your lawyer, and I am not experienced in family law. But, if you have a final judgment for giving you $x, I don't think you need a contempt hearing to start garnishment proceedings. It varies a lot by state, but I would do some googling on your own about it, and if it looks possible, ask your lawyer to do it. Especially if he isn't self-employed. Employers pretty much have to comply with garnishment. If he is likely to quit his job, it might not be that helpful, but if he's working one place and committed to it and unlikely to find another job quickly, then it could be effective. 2 Quote Link to comment Share on other sites More sharing options...
Home'scool Posted August 1, 2017 Author Share Posted August 1, 2017 ^^ Thank you I will definitely look into that! Quote Link to comment Share on other sites More sharing options...
lauraw4321 Posted August 1, 2017 Share Posted August 1, 2017 Another garnishment option, besides just his paycheck, is if you know him to have a bank account with significant cash, you can garnish that account directly in some instances. Good luck. 1 Quote Link to comment Share on other sites More sharing options...
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