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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102496
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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1. In Sept 2007 was divorced and ordered to pay $500 monthly

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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?:
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 4 years 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,




Your kind words have made my day; thank you. Be well.
Ely and 9 other Legal Specialists are ready to help you
Customer: replied 4 years ago.

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

Friend - no because this is not a legal matter, but an administrative request, although you should do so as soon as possible.
Customer: replied 4 years ago.

okay thanks again sir,



My pleasure.