Roger : Hi - my name is XXXXX XXXXX I'm a litigation attorney. Thanks for your question. I'll be glad to assist.
Customer: Hi Roger
Roger : Even if the person has cured the default, you have the right to proceed with your motion and have a hearing to ask for attorney's fees.
Customer: How do we go about enforcing her consistent contempt and our out of pocket expenses our atty said we could recoup
Customer: Ok, that's good to know. Our atty did not tell us that.
Roger : Your attorney can announce to the court that the payment was made, but that this is a habitual issue and the defendant should be held accountable for forcing you to spend money to enforce the order.
Customer: We are military and live in another state so, we are relying on him to take care of this
Roger : /judgment.
Customer: he just keeps saying that if she's current he can't go forward, but that doesn't sound right
Roger : You still have the right to seek your fees for having to file the motion, etc.
Customer: Ok, so I'll just give our atty a call and tell him to proceed then. What if he tells me I can't which he has before because of Indiana law?
Customer: But I guess you've checked that and know what law applies to what states
Roger : The relief requested is for the payment AND for attorneys fees - - even if the payment was made, the attorneys fees request is still there.
Customer: Attorney fees were not in initial judgment, but our attorney said that filing contempt is separate from original litigation so, that's how we can recoup atty fees, correct?
Roger : Yes. You're seeking attorneys fees for having to file the motion for contempt.
Customer: Great. You've been an excellent help Roger. If I have further questions, may I request you again?
Roger : Sure. That would be great!
Customer: As I truly appreciate getting knowledgeable answers
Roger : Just begin your question with "For Roger" and it will be directed to me.
Customer: It's hard being out of state and having to deal with legal issues
Customer: Ok. Thank again Roger, it is very much appreciated :-). Have a wonderful evening.
Roger : No problem. Glad to help.