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JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 33918
Experience:  Began practicing Family Law in 1992
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I pay my ex-wife a portion of my DPS each year since a QDRO

Customer Question

I pay my ex-wife a portion of my DPS each year since a QDRO could not be done. After I receive the payment and my W2, I have 10 days to pay. This year, I got the disbursement about two weeks before the W2. I had been communicative, gave them a heads up of when the W2 would be available. Next thing I know, my company's head of HR is in my office. My ex-wife's attorney started contacting senior people at my employer. They faxed my divorce decree calling attention to certain areas, emailed a partner in legal and the head of HR. Few days later, they called HR. Their fax, email and calls stated they wanted to know if I had received the money because if so, I had not paid as I was suppose to. Since I did not have my W2, it is completely inaccurate. My employer's legal department and HR both said there was not a legitimate reason for them to have been contacted as this was a personal issue. The attorney I had did not want to touch the issue because the other attorney worked in the same community. He essentially just asked the other attorney to stop. I work for a financial company and have access to many sensitive elements at my employer. Unquestionably this does not reflect well on my character, an important element in my career where trust is mandatory. I have HR's email stating the W2 would not be available until later and the email from my attorney to other attorney disclosing that fact. I have the email, the fax, and call records from the other attorney which followed. None of them ask to confirm the date of the W2 release. Finally, I have my attorney's limp response. This seems like grounds for a libel suit? Is it? What is my best course of action?
Submitted: 6 years ago.
Category: Family Law
Expert:  JD 1992 replied 6 years ago.
It's not a viable libel suit since he didn't really misrepresent a material fact that caused you harm. Libel/slander suits in Texas are extremely hard to prove and will cost you more than you get, even if you win.

You may consider two courses of action. The first is requesting an injunction to prevent the attorney from contacting the employer again without first getting permission from the court after a showing that you have somehow not complied with the order. The second is reporting him to the State Bar, although this may not violate the code of ethics since he is representing his client.

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