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Following a Child Support and Custody Modification hearing,

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my attorney's office wrote the...
Following a Child Support and Custody Modification hearing, my attorney's office wrote the Temporary Orders based on the judge's orders and submitted them to opposing council for review and signatures. It's been almost 6 weeks and opposing council has yet to respond to the orders: Opposing council has not returned phone calls or emails from my attorney's office as well. Therefore, we have filed a Motion to Enter and have a hearing date in 3 weeks.
Is this the right course of action? What are the chances a continuance would be granted if opposing council requests it? What are the chances reasonable attorney fees will be awarded to me since they have completely refused to work in good faith toward resolution on these Temporary Orders? What strategy may they be playing by refusing to engage in dialogue?
Also, I have never paid support through the AG but have 100% verifiable proof that I have paid her all along and in fact overpaid by $27k. I want to start going through the AG office but I'm concerned I won't get credit for all the payments she has received including the overpayment. I know in TX I can file paperwork showing history of payments but it looks like she has to acknowledge receipt of said payments which were either by allotment or direct transfer to her bank account. Once again, there are records proving payment but the verbiage in the decree mentions no credit for payments made outside of the AG Office. As I understand it, that applies to people helping with certain things such as birthday parties or other one time expenses.
Submitted: 2 years ago.Category: Family Law
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7/3/2015
Family Lawyer: Law Educator, Esq., Lawyer replied 2 years ago
Law Educator, Esq.
Category: Family Law
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Yes, your attorney was supposed to draft the orders as stated by the judge, then send them over to the opposing party to review and sign and then submit them back to the court. When the opposing party refuses to sign the orders and does not submit any written objection as to why they do not believe the orders written by your attorney do not match what the judge stated, then your attorney is right in sending the matter to court to enter the judgment.
As the opposing party caused the additional work by refusing to sign without good cause, you should be asking your attorney to file a motion for attorney's fees if you win and the court enters the orders and the court will order that the opposing party pay your additional fees incurred because of their refusal to agree to the order.
Whether or not you paid money, if the wording in your decree states you would not get credit for any payments made outside of the AG office, you need to get your attorney to clarify with the court that the payments for support are for future payments with the AG and that there are no arrears due, this way she cannot make claims that you owe back support. If that does not happen and the decree says no credit for payments made outside the AG, then the AG could seek back payments for support. That is something your attorney needs to get clarified by the court.
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