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Author Topic: Can I file Contempt of Court for Non-Payment of Attorney Fee's  (Read 2307 times)
blinderson
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« on: November 27, 2007, 05:36:01 PM »

Hi All,
I live in B'ham, AL.  My ex was ordered to reimburse me for attorney's fees in our divorce settlement, which he never intends to do (he won't even pay child support, which is being handled by DHR).  Can I file a contempt order against him for not reimbursing me for my attorney's fee?

Will it look bad, on my part, if I ask for reimbursement AND return at a later date asking for child support (via DHR)?
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Lee Borden
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« Reply #1 on: November 28, 2007, 06:37:19 AM »

Can I file a contempt order against him for not reimbursing me for my attorney's fee?
Yes, but before you do, make sure you follow the procedure described here: http://www.divorceinfo.com/enforcement.htm.

Will it look bad, on my part, if I ask for reimbursement AND return at a later date asking for child support (via DHR)?
Yes. If you file an enforcement petition, you'll want to include in it ALL the ways he is delinquent so the court deals with all of them at the same time.
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blinderson
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« Reply #2 on: November 29, 2007, 01:52:16 PM »

Thank you Lee for your help.  I have downloaded the form for non-payment of support, but what is the name of the form that I need for nonpayment of attorney's fees?

Also here is a great website where folks in Alabama can download forms for FREE:

http://eforms.alacourt.gov/
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Lee Borden
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« Reply #3 on: November 30, 2007, 06:35:16 AM »

I would assume you just add a statement that you need an attorney's fee. There wouldn't be a separate form.
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belle
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« Reply #4 on: January 04, 2008, 05:43:59 PM »

Though Lee IS the expert and would know way before I would, it has been my experience that DHR will address only CS issues.
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Lee Borden
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« Reply #5 on: January 04, 2008, 11:41:31 PM »

I agree with Belle. I didn't know that was the question.
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jop
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« Reply #6 on: January 05, 2008, 12:53:18 PM »

When an order exists for payment of attorney fees and is not paid after 30 days or other time set forth by the Court, the person owing the money can have his or her wages garnished can't they by the person that has been awarded the fees? 
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