Legal fees after divorce added to child support.

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Legal fees after divorce added to child support.

Postby eclipse » Tue Jul 24, 2012 9:47 am

Divorced 7 years

Well after my ex took me to court for more CS because I was earning more from a second job (not much more, but more). The Judge asked if I would agree to pay a little more so it would not go to trial? (I was pro-se). I agreed. Keep in mind, I already paid CS on a salary of almost 3 times the New York State CAP. Anyway, my ex's attorney files for legal fees and of course since the judge is pals with her attorney, she grants in favor of my ex for reasons like

1. "her attorney is an honorable attorney and the court sees no reason why his bill is incorrect"

2. MY ABILITY TO PAY is greater than the plaintiff.

Gotta love divorce law. My ex hasn't held a job in 7 years and our youngest is 10 now.

Anyway, My questions is.... I beleive they added the legal fee award to the CHILD SUPPORT arrears wage garnishment. Is this allowed?????
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Re: Legal fees after divorce added to child support.

Postby BartSimpson » Tue Jul 24, 2012 10:36 am

Anyway, My questions is.... I beleive they added the legal fee award to the CHILD SUPPORT arrears wage garnishment. Is this allowed?????

Who is "they"?

Honestly, you place too much faith that it was the judge-attorney relationship. I'm telling you straight up that it was because you were in pro per. Whatever you saved by not being represented by an attorney yourself, you are losing in her legal fees.

Why did you not have an attorney?

Did you try to impute your wife's income?
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Re: Legal fees after divorce added to child support.

Postby eclipse » Tue Jul 24, 2012 11:01 am

BartSimpson wrote:
Anyway, My questions is.... I beleive they added the legal fee award to the CHILD SUPPORT arrears wage garnishment. Is this allowed?????

Who is "they"?

Honestly, you place too much faith that it was the judge-attorney relationship. I'm telling you straight up that it was because you were in pro per. Whatever you saved by not being represented by an attorney yourself, you are losing in her legal fees.

Why did you not have an attorney?

Did you try to impute your wife's income?


They = Child Support Collection Unit

The judgment for attorney fees said nothing about it being part of Child Support. Not should it be. CS is for CS. What I owe my crazy ex other than that should be treated like any other debt obligation.


Because they milked my family dry during the divorce. In my original divorce, I had an attorney that didn't do much for me and in return charged me rediculous amounts and I was responsible for 100% of my ex's bill. So I decided never to pay twice again.
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Re: Legal fees after divorce added to child support.

Postby BartSimpson » Tue Jul 24, 2012 11:30 am

The child support agency is a third party that simply does as directed - they did not act on their own.

Do you know what the hard number should be? Was the order retroactive to the filing and therefore you are paying CS arrears? I doubt the amount includes your ex-wife's legal fees.

You should revisit your bias for an attorney - who is your employee so you are suppose to manage them - because it is still costing you twice and your approach after one experience is hardheaded. An attorney is likely needed here to unravel the complexity you created by your side-bar agreement to fall on your sword.

Do you understand Imputed Income and how you should apply it to your lazy ex to get her off her butt and contributing financially to your kids?

What kind of Custody Schedule do you have? Every other weekend?
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Re: Legal fees after divorce added to child support.

Postby massdaddio » Tue Jul 24, 2012 11:45 am

Hire a cheap attorney and you do all the running around, so you're mostly paying just for the attorney to be in court with you. I have gone pro-se and when I do, the judge hits me with half of my ex's attorney fees. If I have my own attorney, the judge always rules that we pay for our own. It's frustrating for sure. I also think my judge has pulled a few almost illegal maneuvers because I was pro-se. She wouldn't have tried it if I had a lawyer there to object.
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