Attorney Problems

[b00kemdano]

Hello.  It's been six months since I gave my attorney nearly $900 to get me child support and to date I have zip.  I have had problems with my attorney's office from the beginning - everything from they won't return messages, they couldn't get the paperwork right, they sent me someone else's paperwork to sign, when the paperwork was rejected by the judge and they didn't resubmit it until I badgered them about it.  The only reason I found out that the judge had rejected the paperwork was by calling the county clerk to see what had been filed.  She sent me the form that the judge had filled out showing the reason it was rejected, I, in turn, asked my attorney's office about this form some two months after they said the paperwork had been filed, and they seemed oblivious to the fact that it was rejected. 

My questions now are:
1. What is a reasonable amount of time to have to wait to actually start getting payments once child support has been (successfully) filed? 

2.  How reasonable is it for me to be pissed that I gave my attorney's office $900 six months ago and still have nothing?

3.  How reasonable is it for me to expect my attorney's office to follow up with the job that they are supposed to do and make sure that they actually sent all the correct paperwork to all the correct places?

Finally, I am a dad with physical custody of a teenage son.  His mother and I have been divorced for over four years.  His mother AGREED to start paying child support six months ago.  However, it seems that unless the law requires her to pay it via garnished wages, she won't bother.  Where's the Deadbeat Mom forum?!?!?

What can I do? 

[livealittle]

My questions now are:
1. What is a reasonable amount of time to have to wait to actually start getting payments once child support has been (successfully) filed? 

that depends on a lot of factors - when does order say NCP should begin payments?  Was an IWO (Income Withholding Order) filed with order?  does NCP's employer have the IWO?

2.  How reasonable is it for me to be pissed that I gave my attorney's office $900 six months ago and still have nothing?

very reasonable.  I had to fire my first attorney that I paid for non-performance of work paid for. 

3.  How reasonable is it for me to expect my attorney's office to follow up with the job that they are supposed to do and make sure that they actually sent all the correct paperwork to all the correct places?

very reasonable.  I think that is a minimum standard of performance.  You are paying them, the attorney firm, for their expertise and ability to do just that - file a motion.

Finally, I am a dad with physical custody of a teenage son.  His mother and I have been divorced for over four years.  His mother AGREED to start paying child support six months ago.  However, it seems that unless the law requires her to pay it via garnished wages, she won't bother.  Where's the Deadbeat Mom forum?!?!?

What can I do? 

I think you should do this.

1. write attorney a letter stating date and check # you gave, when it cleared your bank. 

2. What exactly you expected for your $

3. what you received instead including someone else's papers to sign - HUGE breach of confidentiality there, who did your papers go to first?

4. what you want now - perhaps your money back less a specific amount you think is fair for the less than acceptable work this firm did do.

5. find another attorney and clearly state what you want
    * IWO for child support
    * motions filed timely, correctly, copies stamped by court in your hands the day after filing


There are lots of dads who aren't deadbeats.  I commend you for being one of them.

[b00kemdano]

Thanks, Livealittle.  I'm sad to say that I feel like I've been treated differently by my attorney's office because I am a dad seeking child support.  I'm sure it's not very common for a female attorney with an office full of female assistants to have a fellow such as myself come in asking for child support.  I usually feel guilty about it.  It took a couple of years for me to get over that enough to even ask my ex-wife to start paying "voluntarily".

The divorce modification says that payments will start "on the first day of the month following the signing of this decree."  It was signed by the judge in September, so I assumed that meant wage withholding should've begun Oct 1.  Yet, it's nearly December and ACDD has nothing for my case.  I don't know if an IWO was filed with the order, how would I know that?  I have no idea if my ex-wife's employer has the alleged IWO, how would I know that, too?  If I called my ex's employer, would they tell me? 

How do you fire an attorney that doesn't give a toot about you in the first place?  Should I call them and say, "I'm not going to give you my money anymore." To which I imagine the reply would be, "Uh-huh, aaannndddd you are ... ?"

I wonder if my attorney's office actually has any expertise on staff.  When I went there for the divorce, they were professional and considerate.  They were dressed nicely and seemed to care.  When I went back a few years later for the modification, they made me wait without a word, the back room had a pen with rabbits and guinea pigs (and poop) all over the floor and the place stunk like a petting zoo.  The were no longer dressed nicely and seemed to have a "whaddya want" attitude.

I guess I'll try to find out if the IWO ever made it to my ex's employer before I write a letter to my attorney.  I'm sure if I asked them about it, they would BS me some more and try to cover their tracks again.

Yes, I complained to the woman handling my case that her emailing me someone else's personal info (including name, ssn, income, employer, etc) would probably really tick them off, she acted like it was no biggie and couldn't understand why I was getting so upset about stuff.

My new question is:  If my ex's employer has not garnished her wages because my attorney sucks, is she still liable for the payments that have been missed since "the first day of the month following the signing of this decree." ?

[livealittle]

My new question is:  If my ex's employer has not garnished her wages because my attorney sucks, is she still liable for the payments that have been missed since "the first day of the month following the signing of this decree." ?

yes.  if it's a legal document signed and recorded by the court, she is responsible.

if the first payment was $100 due on the first day of the month and each month thereafter beginning the month after the signing of this decree.  And it's dated/signed/recorded on June 10, 2007.  As of November 30, 2007 she owes you $100 bucks for July 1, Aug 1, Sept 1, Oct 1, and Nov 1.

if you live in AL, interest is 12% per annum on anything over 30 days past due.

I don't know if an IWO was filed with the order, how would I know that?  I have no idea if my ex-wife's employer has the alleged IWO, how would I know that, too?  If I called my ex's employer, would they tell me? 

the judge has to sign an IWO and a copy should be included with your divorce or modification papers.  Either you or your x or DHR or your attorney can send a copy to your x's employer - I think.  You may have to file something with some agency (state child support services) possibly to get it "officially submitted" to your x's employer.

How do you fire an attorney that doesn't give a toot about you in the first place?  Should I call them and say, "I'm not going to give you my money anymore." To which I imagine the reply would be, "Uh-huh, aaannndddd you are ... ?"

you make a list of everything I already mentioned and then you type up a letter to that effect.  you make it very professional and business - not emotional.  In the closing paragraph you say...

To summerize, in contrast to my original experience with your firm to represent me in a divorce proceeding in [1999], my most recent experience has been very disappointing.  I retained [Ms. Attorney] to file a modification motion, a child support order according to [rules of your state] and an income withholding order on [date you paid them].  In good faith, I paid you [$$$].  The papers were not filed properly, the IWO has not been issued, calls are not returned, and I am extremely displeased with the lack of professionalism displayed regarding my case.  I expect all of my paperwork returned to me in the excellent condition I left it with you, a refund of [$$$] and a copy of every paper your firm filed with the court on my behalf.  I will be by your office on [insert date] to pick up these items.

you call and make an appointment to deliver a letter.  You take a copy, you discuss this with the manager, you tell them you are sending another copy via certified mail return receipt.  Adn you leave.

good luck with this.  It isn't fun to fire an attorney, but you can do it.

get a new one lined up and go forward.

[b00kemdano]

Ugh.  So, I've written this long, gory letter "to my attorney" about why I should fire her and ask for my money back.

I don't know if it's cold feet, being chicken, or just being a realist, but....

Wouldn't it be easier to just keep bothering them until they finish the job and then never go there again? 

Should I take the letter there and let her read it while I wait?  Can I just certified mail it?

Maybe it's just the staff that sucks and not the attorney herself?  Should I make an appointment to speak with her about my complaints?

Am I just chickening out?  Am I too soft?  Am I too nice for legal actions?

BLARGH!

[livealittle]

Ugh.  So, I've written this long, gory letter "to my attorney" about why I should fire her and ask for my money back.

I don't know if it's cold feet, being chicken, or just being a realist, but....

Wouldn't it be easier to just keep bothering them until they finish the job and then never go there again? 

Should I take the letter there and let her read it while I wait?  Can I just certified mail it?

Maybe it's just the staff that sucks and not the attorney herself?  Should I make an appointment to speak with her about my complaints?

Am I just chickening out?  Am I too soft?  Am I too nice for legal actions?

BLARGH!

here are your options as I see them

1.  you can keep bothering them and investing more of your time, energy, attention, and money in trying to get this attorney to do the job you already paid her to do.

2.  you can just hire a new attorney and "write this one off" figuratively. 

3.  You can do what I've suggested.


I actually was in a similar situation in 2005.  I had paid a retainer, taken all my stuff to the attorney and expected a "draft" of my divorce decree and had a meeting set up to go over it.  When I got to the meeting, they had closed up shop and went home without calling me to reschedule.  I had taken off work to go to this meeting.  I waited until 2 hours after the office opened the next business day to give them time to call me and apologize and reschedule.  (I had left messasges at the desk - receptionists shared by more than one office)  I called them and the receptionist laughed at me about the missed appointment.  I was furious.

I logged on here and vented and ranted and asked "what do I do now?" and I got the same advice I'm giving you now from a poster called Jeanx.  Lots of people on here don't/didn't like jeanx, but she gave me excellent advice on this topic.  She coached me on writing the letter and I did it.  I followed the steps I've laid out for you.  I got back all but $50 of my retainer, hired another attorney and was divorced a couple months later.

anyway.  Whatever you decide.  good luck, keep really good records, and make copies of anything you take to an attorney.

[b00kemdano]

Yeah, I wish I had kept a better record of all of my dealings with this yahoo.  Having written a draft of the letter in question, I couldn't prove much of it since I didn't keep emails and such.  Since then, I've changed my email service and don't have them anymore. 

Luckily, I didn't pay a retainer, just the $900ish for the uncontested modification.

HA!! Just the $900ish!  I guess I'd better sleep on it. 

[b00kemdano]

Here's the update. 

I spoke with my attorney today.  For the most part, she was pretty courteous.  There were a few times that she was a little condescending, but I got through it. 

In the end, I told her that I did not trust her assistant and that I was not happy with the delays and the lack of having child support started.  She seemed to think that the delays were a fact of life and not a big deal. 

Basically, all I got out of it was that she said she will not refund my money and said she is going to file the IWO (without charging me her usual $125 fee! How gracious!) And that she would send a letter to my ex letting her know that she can be held in contempt of court for non-payment of the court ordered child support.

For anyone else who might be nervous about confronting a deadbeat attorney about a deadbeat spouse, if I can do it, YOU can do it!

My issue is far from resolved, but hopefully within the next six thousand years or so, my attorney might actually get me what I paid her for.