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Brandon M.
Brandon M., Family Law Attorney
Category: Family Law
Satisfied Customers: 12620
Experience:  Attorney experienced in all aspects of family law
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I am 25 years old. My marriage of 1 year broke down over the

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I am 25 years old. My marriage of 1 year broke down over the past year and my wife filed a complaint for divorce this February with the help of her boyfriend who is a lawyer. They were asking that the courts grant them an extremely large sum of money based on medical debt's, school loans, and marital property. There were also personal attacks on me about drug and alcohol abuse, but the reality of the story was that she was the one who got drunk and was arrested for domestic violence for destroying property at our house.

We bought the home (mobile home) for 14 thousand during the marriage and it was the only marital property to divide. We had no money at the time of the separation, besides 2k that she withdrew from our joint account right before leaving me. I hired an attorney and payed him a $2500 retainer to help me with the allegations. He told me he would handle everything. Shortly after, he sent me a motion granting my wife $5000 for attorney fees that the Judge granted and told me my best course was to work out a settlement with her before I spent all my money on lawyers fees.

I offered to pay her 8k cash for her half of the marriage property, and I generously offered to pay off all of her medical debts for her once she provided the receipts. A month later we went to court and made it final. She requested immediate payment and I agreed to pay her off over the next 3 months because I knew I would be going back to work and able to make it happen. Also she requested that I reimburse her for a $5000 bill to a psych clinic that she went to and payed for following our separation. This on top of $4000 medical bills that she had not payed and I would pay the hospitals and credit agencies directly. This was all agreed to in court, but in the past month I have found out that she did not pay the bill for the psych clinic that she provided me. It was her mom who payed it. I called my Lawyer who is offering no assistance and says that I would need to pay him more if he were to even entertain the idea of doing more work for me, and he suggested that I was angry and should just let it go and pay her. I am now working with my ex's mom to work up a affidavit for a motion to modify based on receipts from the clinic that her mom will be providing.

The deadline for the 8k cash settlement plus the 5k reimbursement check is today, and my ex has called my work cell phone 30 or more times, as well as sending me texts saying that she is going to call my dad and my boss to garnish the money. I know that she can't garnish money directly without getting a writ, but what I'm wondering is, how quick will the writ of execution take effect if she files it on Monday? I still need a week or two to prepare my motion to modify and I don't want her to get a hold of my paychecks because she spends the money faster then I can give it to her. This being the main reason she is freaking out now even after I have payed her 8k in the last 3 months

I feel like I've been completely abused by the system here and I don't know what I can do to get the law back on my side.
Hello there:

A writ of execution does not take especially long to get; I can usually get one from the court in 5-10 days and it usually takes an additional two weeks to actually execute. That will likely give you enough time to get your motion filed, but there are clearly no guarantees that your motion would be resolved prior to the writ going into effect.

I understand that you may have follow-up questions. Let me know if further clarification is needed. Thank you.
Customer: replied 6 years ago.
Can I get a stay of execution based on the fact that I am filing a motion to modify?
A stay of execution will not be granted based on a motion; if it was based on an appeal, it would be an option, although a long-shot. The best option is usually to request an order shortening time to accelerate the hearing date on the new motion.
Brandon M. and 5 other Family Law Specialists are ready to help you
Customer: replied 6 years ago.
Thanks dude
you're welcome. best of luck.