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AttyCBradford
AttyCBradford, Lawyer
Category: Family Law
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Experience:  Criminal Defense and Family Law Attorney serving California Statewide
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My divorce decree states that I have to pay for my ex spouses

Resolved Question:

My divorce decree states that I have to pay for my ex spouse's attorney fees. The Judge decreed that I had to pay $500 per month the 1st day of every month. It further states "with respect to the payment schedule identified above, there is no grace period. Therefore, if plaintiff defaults upon the payment of any such installment by even one (1) day, the entire unpaid balance shall then become immediately due and payable, in full, without further notice to plaintiff.

I am the plaintiff and I missed the payment by one day (it was due yesterday). I do not have the $15,000 to pay the balance in full. What happens next / what are my options?
Submitted: 1 year ago.
Category: Family Law
Expert:  AttyCBradford replied 1 year ago.

AttyCBradford :

Hello. I am sorry to hear about that situation. I would promptly make the payment and explain to the attorney that you were only one day late, explain your reason and then tell them that you do not have the $15,000.00. If they truly want to collect the fees they will allow the payments to continue. That provision is extremely harsh and most likely going to be hard to enforce since you were only one day late and the attorney has not been prejudiced by the late payment

AttyCBradford :

If i have answered all your questions please press accept and provide positive feedback. If not, and you have additional questions please ask and I will respond. Thank you and best of luck

Customer:

Thank you. So what actions can they take against me - legally (by the strict letter of the law)?

AttyCBradford :

by strict enforcement they would have to file a motion to enforce the judgment via contempt (which is unlikely as it is costly and time consuming). Also they could potentially file for a wage garnishment and begin to garnish the payments from your wages as well

Customer:

oh. ok - please note, I had my lawyer submit a motion for reconsideration (32 days after the divorce decree) to request that the first payment to my ex's attorney be deferred for 3 months. This is because I lost my job one day after the divorce was made final due to sequestration and I am still looking for employment. There is no check to garnish.

AttyCBradford :

Oh well if you have a motion for reconsideration pending I would not fret too much then. Your attorney can make any payment that was due retroactive to the date they filed their motion

Customer:

But the reason I did not make this first payment is simply because the date got away from me - this is the first payment due, and I am still reeling from the loss of employment - I just simply forgot.

Customer:

Ah - thank you then, that makes me feel much better - and will allow me to go to sleep tonight.

AttyCBradford :

you are welcome

AttyCBradford :

please don't forget to accept the answer

AttyCBradford :

best of luck :)

Customer:

thank you

AttyCBradford, Lawyer
Category: Family Law
Satisfied Customers: 587
Experience: Criminal Defense and Family Law Attorney serving California Statewide
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