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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 02-07-2012, 01:48 PM
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Default Outstanding Legal Fees and Child Support Arrears

I think my ex is trying to take me back to court again. We were just there in August 2011 and he lost his request. He was ordered to pay my legal fees and child support arrears.

To date he has not paid either.

Can he take me back to court before these monies are paid?

Thanks
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Old 02-07-2012, 02:10 PM
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Quote:
Originally Posted by babygirl View Post
I think my ex is trying to take me back to court again. We were just there in August 2011 and he lost his request. He was ordered to pay my legal fees and child support arrears.

To date he has not paid either.

Can he take me back to court before these monies are paid?

Thanks
Yes he can. It wouldn't be a good idea considering the outstanding arrears owed.

What makes you "think" your ex is trying to take you back to court again?

Now, you can request a staying of any motion and be barred from continuance in the case if the other party (he) doesn't comply with the order. Something most litigants don't know they can do. It is a perfectly acceptable remedy to the problem of non payment and non disclosure. I keep forgetting to point this out to all the people seeking "contempt" as a potential remedy over a contempt motion.

Good Luck!
Tayken
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Old 02-07-2012, 02:23 PM
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Thank you so much for that information Tayken. I have printed off your reply and will file it away for the future when I know that this too will happen to me.
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Old 02-07-2012, 02:58 PM
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Originally Posted by tiredofthisnow View Post
Thank you so much for that information Tayken. I have printed off your reply and will file it away for the futre when I know that this too will happen to me.
When it does happen, post that it has and I will dig up the process for requesting a stay on the other party from continuing in the case. It is a complex thing to do but, not impossible.

Good Luck!
Tayken
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Old 02-07-2012, 03:17 PM
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I will do that and thanks again. Not sure if he will try it since he has only made 2 payments in 16 months but then again I have learned NEVER under estimate your ex!
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Old 02-07-2012, 03:26 PM
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Tayken - is that the same as asking leave of the courts for all motions (not sure if I have it correctly) - when a judge has to agree FIRST that a motion can proceed?
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Old 02-07-2012, 04:06 PM
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BABYGIRL: I was told by a family lawyer that an individual with a costs order (unpaid) against them is basically something that will NOT allow them to bring any matter before the Courts. In fact, this unpaid Costs bill is Contempt of Court. The way it was put to me (re; my ex) is "this judgment will be like an albatross around his neck, and he will not be able to present any matter before the Courts for as long as the legal costs remain UNPAID."

Last edited by hadenough; 02-07-2012 at 04:08 PM. Reason: :) punctuation
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Old 02-07-2012, 04:38 PM
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music to my ears "hadenough"
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Old 02-07-2012, 04:43 PM
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Yes lol. It was to mine as well. I even looked up the story of the "albatross". Interesting. They are similar to a seagull. Can be seen as "luck" following a ship on the high seas. But if killed - then a curse. Story goes (from what I recall) that someone on the boat shot the albatross. The others on board tied the dead bird around the neck of the one who brought this curse upon the ship. One by one - they all died. And there you have it.
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