Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

My ex-wife filed a show cause, we went to court and the

Customer Question
Hello, my ex-wife filed...

Hello, my ex-wife filed a show cause, we went to court and the judge ruled in my favor, my ex-wife was not happy, so she went ahead and filed the same show cause again for the exact same issue, is this permissible? I am not talking about an appeal, she actually filed the same show cause that we already appeared before the judge and he ruled. Can she file the same show cause again?

Lawyer's Assistant: Since laws vary from place to place, what state is this in?

Spotsylvania , VA

Lawyer's Assistant: Have you talked to a lawyer yet?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes, can I sue her atty for filing the wrong qdro, it cost me $4000 to have the qdro disputed and cancelled. Her atty said she made a mistake and filed for the wrong retirement acct?

Submitted: 4 months ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 5 minutes by:
11/29/2017
Lawyer: Legal Eagle, Lawyer replied 4 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 10,256
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

Ask Your Own Legal Question
Lawyer: Legal Eagle, Lawyer replied 4 months ago

Thanks so much for your patience The answer to your question is no. If this is not an appeal, then you can use the prior judgment as a defense to having the court hear this case. You should argue that the rule of res judiciata (claim preclusion) and collateral estoppel (issue preclusion) bar them from hearing this case. What other questions did you have for me today?

Ask Your Own Legal Question
Customer reply replied 4 months ago
Hello, can I sue her atty for filing for my retirement acct Fidelity, in my divorce decree it clearly states my retirement Fidelity is not included, omly my PBGC, her atty filed qdro for my Fidelity and it cost me $4000 in legal fees to have the judge to sign off on it, and send court order to Fidelity to cancel her claim to 1/2 of my Fidelity acct. Her atty said it was her mistake, may I sue for legal fees? Thank you
Customer reply replied 4 months ago
her atty filed for the wrong retirement qdro, my Fidelity acct., it is not part of my property settlement, only my PBGC acct was included in the divorce. I had to pay $4000 for my atty to go have a judge sign new order to cancel qdro for my Fidelity acct. Her atty admitted she made a mistake. Can I sue for legal fees? Thank you
Lawyer: Legal Eagle, Lawyer replied 4 months ago

I'm sorry to hear about that situation. You may not be able to sue the attorney; however, if it was court ordered to not go through Fidelity, but she did anyway, then you may need to bring a motion for contempt of court to recoup the fees that you had to pay to have the thing unwound.

Ask Your Own Legal Question
Customer reply replied 4 months ago
Hello, my court ordered divorce stated that my Fidelity acct was not part of my divorce settlement. Her atty said she made a mistake and filed a qdro for my Fidelity acct. The judge made a mistake and signed the qdro for my Fidelity acct without confirming that my divorce decree forbid it. I went to the court and the court made a mistake because they never provided me with proper notification ( clerk told me I was not properly notified). You are stating that I have no legal recourse to get back the $4000 it cost me in legal fees to reverse the qdro that was filed incorrectly by my ex-wife's atty? How can that be legal, fair? Thank you
Lawyer: Legal Eagle, Lawyer replied 4 months ago

I'm sorry, my message must not have gone through. Here is what I said:

I'm sorry to hear about that situation. You may not be able to sue the attorney; however, if it was court ordered to not go through Fidelity, but she did anyway, then you may need to bring a motion for contempt of court to recoup the fees that you had to pay to have the thing unwound.

If one party has to pay out of pocket for something that was in violation of the court order, then the court can require that the other side that was in contempt pay the other party for the hassles that they went through. That is the best legal procedure that I would recommend going through. Of course, you can always settle this privately with the attorney and your ex as well. What other questions did you have for me today?

Ask Your Own Legal Question
Customer reply replied 4 months ago
Please tell me what I would need to do on my own through the court, ( what do I need to file specifically, what form) to require that the other side that was in contempt pay me for the hassles that I went through. How can I do this on my own without an atty? Thank you
Lawyer: Legal Eagle, Lawyer replied 4 months ago

So, because I don't know what specific court the order was made in, I couldn't tell you for sure what specific forms that you need to file. However, generally, you need to draft up your complaint on 28-line pleading paper and file it in the court where the order was made. You'll also need to serve it on the other side. I know of a place that sells template motion for contempt documents where you can just "plug and chug" most of your information and it takes some of the guess work out of it. You can click here to get started.

Ask Your Own Legal Question
Lawyer: Legal Eagle, Lawyer replied 4 months ago

My recommendation would be to speak with the court clerk about what specific forms you need because it varies greatly by courthouse. Also, I would probably recommend going to www.thumbtack.com to find a process server to serve the attorney that made this mistake. It's relatively cheap to find a process server, often under $50. Keep in mind that the court may require a fee as well to do this. What other questions did you have fo rme?

Ask Your Own Legal Question
Was this answer helpful?
Ask Tina Your Own Question
Tina
Tina
Tina, Lawyer
Category: Legal
Satisfied Customers: 8,775
8,775 Satisfied Customers
Experience: JD, BBA Over 25 years legal and business experience.

Tina is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
Can I file a writ of mandamus myself in federal court.
Can I file a writ of mandamus myself in federal court … read more
Ely
Ely
Counselor at Law
Juris Doctor
24,353 satisfied customers
I have a court date for a "Order to show cause". Do I have
I have a court date for a "Order to show cause". Do I have to show? … read more
Lori
Lori
Juris Doctor
1,076 satisfied customers
I am due to go into court to show cause why I shouldn't be
I am due to go into court to show cause why I shouldn't be in contempt of a legal memorandum, do I get to ask for time to hire an attorney … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,259 satisfied customers
My wife was served an order to show cause by her ex-husband
My wife was served an order to show cause by her ex-husband to discontinue child support because her son is turning 21. He must have had a friend do the service because my wife wasn't dressed and coul… read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
505 satisfied customers
In federal court in a case with counterclaims does a
In federal court in a case with counterclaims does a stipulation to dismiss the case with prejudice also dismiss the counterclaims?… read more
Lori
Lori
Juris Doctor
1,076 satisfied customers
CAn I file a petition with DHS to enforce a US Federal Court
CAn I file a petition with DHS to enforce a US Federal Court judgment against a corporation or individual if that individual or member of the corporation travels to the United States? I have a US Dist… read more
Edward Young
Edward Young
Juris Doctor
339 satisfied customers
What is the Statute of Liimitations in Federal Court for
What is the Statute of Liimitations in Federal Court for when restitution payments will end. I was told by my attorney 20 yrs. ago that it woud end after 25 yrs. or when I turned 65yrs. I am presently… read more
Ray
Ray
Lawyer
Doctoral Degree
32,117 satisfied customers
Legal Eagle, MY wife has filed a Order to Show Cause seeking
Hello Legal Eagle,MY wife has filed a Order to Show Cause seeking to suspend overnight visitation and imposing supervised visitation, with my daughters citing alcohol abuse and also expressing erroneo… read more
Legal Eagle
Legal Eagle
Lawyer
10,256 satisfied customers
My mother has an arraignment hearing in federal court in
My mother has an arraignment hearing in federal court in Columbus GA one week from today. She is currently with me in CA in a 30 day alcohol treatment program and is also early stage dementia and high… read more
Zoey, JD
Zoey, JD
Doctoral Degree
189 satisfied customers
I have received an order to show cause for unpaid rent but
I have received an order to show cause for unpaid rent but has already sent rent to the landlord. What to do? … read more
LegalGems
LegalGems
Juris Doctorate
11,587 satisfied customers
A procedural question - federal court and the filing of
A procedural question - federal court and the filing of amended complaints. When a judge has not yet ruled on your leave to file a SAC, and you might wish to replace the proposed SAC with a Second Ame… read more
Damien Bosco
Damien Bosco
4,165 satisfied customers
If a case is removed from state court to federal court, then
If a case is removed from state court to federal court, then remanded back to state court, by the judge, and there is a federal question involved, can the defendant seek a dismissal on grounds of the … read more
Legal Eagle
Legal Eagle
Lawyer
10,256 satisfied customers
If I moved my UD case from State to Federal Court, and
If I moved my UD case from State to Federal Court, and Federal remands back to State, do I need to continue doing anything with Fed. Court, or am I finished with them, unless I choose to pursue the UD… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,928 satisfied customers
I got a show cause hearing for child support but I am
I got a show cause hearing for child support but I am waiting for my disability decision what should I do … read more
Legal Eagle
Legal Eagle
Lawyer
10,256 satisfied customers
Federal court. If judge issued an Order for a case status
Second opinion] Federal court. If judge issued an Order for a case status report "no later than 7 days" from 12/27/2017, what is the latest possible date and hour to respond? And what happens if that … read more
Amadeo Rivera
Amadeo Rivera
JD
85 satisfied customers
I want to file a Complaint in Federal court against the
I want to file a Complaint in Federal court against the Federal Energy Regulatory Commission under the Administrative Procedures Act. The case meets all 4 prongs of the test to determine if the facts … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
When a federal court concludes that it lacks subject-matter
When a federal court concludes that it lacks subject-matter jurisdiction, and then states "the court must dismiss the complaint in its entirety." Do they mean, remand it to state court if it has been … read more
Legal Expert Justin
Legal Expert Justin
Law Degree
229 satisfied customers
I need to answer Order to Show cause for a repossession.
I need to answer Order to Show cause for a repossession. … read more
Michael Bradley
Michael Bradley
JD
1,371 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x