Attorney fees?

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    • #1948
      Boats234
      Participant

      I'm filing a contempt motion against my ex. Can I ask for attorney fees in my filing? I have an Attorney, but I'm still waiting on my appointment. Just want to educate myself a bit prior to my meeting. If I can't ask for fees in my motion, is there another way to be made whole?ThanksRay

    • #2307
      Lex
      Participant

      Contempt for what, exactly?

    • #2308
      Boats234
      Participant

      Ex and I entered a consent agreement/judgement 2 weeks ago.Ex was ordered to give 48 hr notice if leaving town and have Daughter(16) come stay with me.Ex left town Monday morning and didn't return till Tuesday night. Told daughter that she would be home Monday late, but never showed up..... Daughter left alone over night.Following week, Ex left town for 1 week with no notice to me..... Just a text to my daughter on the day she left.This pattern of taking off with no notice is the reason for going back to court and entering consent judgement. I feel if I don't attempt to enforce the judgement now....it never will be.Your thoughts??.

    • #2309
      Lex
      Participant

      On your original question about attorney fees, the reason I asked about what type of contempt is that it makes a difference if you are seeking past due support. In those cases, attorney fees are generally allowed.In your case, whether you would get attorneys fees would be up to the judge and generally they do not tend to award attorney fees -but you never can tell.On the issue of letting someone get away with ignoring the terms of a judgment, you are right in not letting the go on too long. At some point, especially with a consent decree, it could be deemed that you have agreed to what she is doing and it could be a voluntary modification on your part. The trick is to demonstrate to the court that you have been reasonable in trying to work with the ex, but that there is nothing left you can do. Judges generally don't want to see people back in court right after the last hearing because they could not work things out. This is all strategy stuff that needs to be worked out with your lawyer who will know the temperament of your particular judge -that is usually the key in these cases.

    • #2310
      Boats234
      Participant

      Thanks Lex, after meeting with my attorney, he felt it was best just to send a letter to my ex thru her lawyer.I feel this is going to be an on going problem, probably to the point of filing for a custody modification. Was hoping by reaching an agreement with consent judgement that custody issues would go away or at least get better..... Not the case now....we'll see for the future.Thanks againRay

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