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 Ely Your Own Question

Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 86666
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Type Your Legal Question Here...
Ely is online now
A new question is answered every 9 seconds

1. In Sept 2007 was divorced and ordered to pay $500 monthly

Resolved Question:

1. In Sept 2007 was divorced and ordered to pay $500 monthly for child support.
2. Decree states to transfer C/S from my bank to ex wife bank. (Never missed pmt)
3. In Oct.2010 Ex wife went to Attorney General Texas and filed Child support review.
4. OAG began Garnishing my payroll Dec. 2012 for $500 and alledged $8K in arrears.
5. I retained the same attorney that worked my divorce back in 2007 and she
charged me a $1k flat rate to make the garnishment go away or cease.
6. I received notice to appear in court on April 2011 with Ex-wife, Attorney for OAG
7. We went to court on April 2011 and date was reset to June 2011
8. I had to pay my attorney additional monies $3700 for her to work the case thru
9. My attorney filed Motion to Modifiy parent/child relationship (custody change)
10. On June 2011 court date Judge ordered mediation between me and my ex wife
11. The actual mediation date took place on April 2012 which was successful.
(Final mediation = I got one child and ex wife got one child. No child support pmts)
12. It's now July 2012 and 3 months went by and Attorney general still garnishment my payroll check. I finally contacted my attorney in August 2012 via email and nothing additional had been filed in the courts so no final order had been issued yet. MY attorney jumped back on it in October 2012.
13 Opposing counsel became upset in the untimely filing that they forced file it in court themselves in May 2013.
14. My attorney demanded an additonal $3000 because of additional charges that took place from October 2012 thru May 2013.
15. I felt compelled to pay the additional $3K because i needed representation for the final hearing in May 2013.

In summary i feel that had my attorney filed the paperwork in a timely manner this matter would have be finalized back in 2012. It took over a year for the completion of this matter and the attorney general is still garnishing my paychecks.

Any advice?:
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry for your situation.

At this point, you may wish to consider a possible "bar fee dispute." The Texas Bar allows for mediation to dispute a fee - see here. They will provide a neutral mediator to mediate the matter. While you did agree to pay the fee, you were under pressure to so so due to do so, largely due to the untimely filing. As such, the Bar may decide that at least part of the fee should be given back to you, as the attorney (arguably) cost you more than they should have.

It is not a good idea to simply challenge the charge on the card, as it makes you seem as though you are simply attempting to avoid payment. It is better to bring this via the Bar's mediation fee program, and have them make a decision. While neutral, they do often side with the client, and, the attorney may simply agree to refund the money to avoid any oversight from the bar to begin with.

Best of luck.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Customer: replied 1 year ago.

Hmmm yes that makes alot of sense. Amazing how your explanation is so simple and understandable. Thanks for the general information. I will proceed with following the recommended steps listed on the Fee dispute link you attached.


 


I will also submit and favorable rating also and release the $54 dollars to you. Have an Awesome day sir,


 


Clement

Expert:  Ely replied 1 year ago.
Clement,

Your kind words have made my day; thank you. Be well.
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 86666
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 18 other Legal Specialists are ready to help you
Customer: replied 1 year ago.


Ohhh one more question i forgot to ask....is there a statue of limitations on the fee dispute with the state bar association...?

Expert:  Ely replied 1 year ago.
Friend - no because this is not a legal matter, but an administrative request, although you should do so as soon as possible.
Customer: replied 1 year ago.


okay thanks again sir,


 


clement

Expert:  Ely replied 1 year ago.
My pleasure.

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:

 
 
 
  • 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
< Last | Next >
  • 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
  • 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
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • 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:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.