How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Attorney & Mediator Your Own Ques...

Attorney & Mediator
Attorney & Mediator, Lawyer
Category: Family Law
Satisfied Customers: 20012
Experience:  Attorney & Certified Mediator
1723468
Type Your Family Law Question Here...
Attorney & Mediator is online now
A new question is answered every 9 seconds

Please help me. I have an expensive attorney who is not representing

Customer Question

Please help me. I have an expensive attorney who is not representing me. My ex-husband has not paid child support in 5 months or alimony in 8 months. We have a deal memo drafted and signed by a private judge, but no signed judgement which means I can't file contempt, etc . My laywers won't call me back (nor can I afford to keep calling them) and I need to take action to make my ex-husband pay support. What can I do on my own? Can I contact the court? The state? There must be some options. I am running out of resources... Please help!
Submitted: 5 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 5 years ago.
1) What state are in you?

2) Did this "deal memo" provide any reference on what actions you can pursue?

Thanks
Customer: replied 5 years ago.

I am in the state of California. As for the deal memo, no, I believe it just lays out the financial agreement (settlement, support, etc). Would it be worth contacting the private judge who drafted the memo and ask her advice? What can I do on my own? I can't afford to keep going through my attorney.
Expert:  Attorney & Mediator replied 5 years ago.
Thanks Maggie for the reply.

I just noticed your additional information come up as well after I posted my information request.

Generally these "deal memos" have no enforceability as you can only enforce when there is a Judgment. This appears to be a written note to be complied with by the honor system. I would suggest that you contact the Judge who prepared it to see what the intent was about enforcement. Usually issues of child support and spousal support are enforce through family court, not through a civil cause of action (such as a breach of contract claim).

In addition when you are in the process of divorce, you can request temporary orders for spousal support (called pendente lite) and child support. These are temporary orders you request while you work out the final settlement agreement. This is typically asked after filing for divorce through a notice of motion or order to show cause. Once these temporary orders are issued then those can be enforced if violated. So not sure what the intent was here between the lawyers, other than avoiding to get these temporary orders in place.

Since you are represented, your lawyer is the one who needs to follow up with these enforcements. If this lawyer is not working out for your best interests, I think it is time to move on (I understand this may be eaiser said, than done).


So I would call the Judge first to see what the intent was on enforcement. From there I would request your lawyer to file temporary orders if the final settlement is not going to be worked out any time soon, that is if the "deal memo" cannot be worked out.


Hope this helps you.



If I have been helpful, please click Accept for my time and research, this is the only way I get paid. If you need more help or clarification, please click reply. Positive Feedback is greatly appreciated and reciprocated. Feedback should relate to customer service and not about the law, which I have no control over, thank you.

Legal Disclaimer. The information given by me is not legal advice. . You should not and may not rely on anything on this website as legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. I do not provide general or specific legal advice. . I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate and complete information. The only way that I am legally responsible for your legal rights is if you have signed a written retainer agreement with my law firm. No part of this disclaimer can be reproduced without the consent of the owner. Thank you.


Attorney & Mediator, Lawyer
Category: Family Law
Satisfied Customers: 20012
Experience: Attorney & Certified Mediator
Attorney & Mediator and 2 other Family Law Specialists are ready to help you
Customer: replied 5 years ago.
Thanks for your response. The orders we have for child support and alimony are not temporary. We already had temporary child support and alimony numbers. These are the final agreed upon amounts. The problem with switching attorneys is that I cannot afford to pay another retainer fee to another attorney. What about people who are not represented? How do they fight these battles? There must be alternatives to using an attorney. No?
Expert:  Attorney & Mediator replied 5 years ago.
As you have an unsigned final judgment then your lawyer needs to file a motion to compel his signature or request the Judge to sign it into order without his signature. The "deal memo" carries no enforcibility (in my opinion, but confirm with the Judge who created it), but when there is a final judgment and a spouse refuses to sign you can compel his signature or request that Judge sign the final judgment.

As to lawyers...only those with low income qualify for legal aid. In California there are Family Facilitator clinics who can assist pro se with their paperwork, but they do not provide legal representation and some are limited in their representation. You can contact them to see if they can assist you with the paperwork, but again if you have a lawyer they might not get involved.




If I have been helpful, please click Accept for my time and research, this is the only way I get paid. If you need more help or clarification, please click reply. Positive Feedback is greatly appreciated and reciprocated. Feedback should relate to customer service and not about the law, which I have no control over, thank you.

Legal Disclaimer. The information given by me is not legal advice. . You should not and may not rely on anything on this website as legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. I do not provide general or specific legal advice. . I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate and complete information. The only way that I am legally responsible for your legal rights is if you have signed a written retainer agreement with my law firm. No part of this disclaimer can be reproduced without the consent of the owner. Thank you.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
< Last | Next >
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney and Counselor at Law

    Satisfied Customers:

    6424
    27+ years legal experience. I remain current in Family Law through regular continuing education.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Lawyer

    Satisfied Customers:

    6336
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    5987
    I provide family and divorce law advice to my clients in my firm.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    5773
    JD, 15 years legal experience including family law
  • http://ww2.justanswer.com/uploads/BrianTMayer/2010-01-06_200119_BM.jpg Brandon M.'s Avatar

    Brandon M.

    Family Law Attorney

    Satisfied Customers:

    3810
    Attorney experienced in all aspects of family law
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2634
    Attorney