Question about Attorney Fees

[stuboogie]

What is the name of your state?TN

My wife and I completed an uncontested divorce last August. As part of the divorce decree, I was ordered to pay her attorney $825.00 which was half of her attorney fees. I cannot afford that debt as well as others I have and I am currently working on filing bankruptcy. I found out last week that my ex-wife had already paid the lawyer the full amount and was going to get the money back when I paid the lawyer. Since I am filing bankruptcy, she isn't going to be reimbursed for the half of the fees I owe.

Is this legal? Since the lawyer has also acquired a judgement against me for the fees I owe plus $300 more, shouldn't the collection of the debt be between myself and the lawyer? How can he hold my ex-wife's money when, technically, it isn't his money anymore. It seems like she is being made to pay my debt since I will not be able to, which sounds unethical to me as she has no legal responsibility to cover my debt. Is there a legal way for her to pressure the attorney for a refund of the half I owe?

Please reply, as I am getting a lot of crap from my ex over this.

Thank you,
James

 

[LdiJ]

What is the name of your state?TN

My wife and I completed an uncontested divorce last August. As part of the divorce decree, I was ordered to pay her attorney $825.00 which was half of her attorney fees. I cannot afford that debt as well as others I have and I am currently working on filing bankruptcy. I found out last week that my ex-wife had already paid the lawyer the full amount and was going to get the money back when I paid the lawyer. Since I am filing bankruptcy, she isn't going to be reimbursed for the half of the fees I owe.

Is this legal? Since the lawyer has also acquired a judgement against me for the fees I owe plus $300 more, shouldn't the collection of the debt be between myself and the lawyer? How can he hold my ex-wife's money when, technically, it isn't his money anymore. It seems like she is being made to pay my debt since I will not be able to, which sounds unethical to me as she has no legal responsibility to cover my debt. Is there a legal way for her to pressure the attorney for a refund of the half I owe?

Please reply, as I am getting a lot of crap from my ex over this.

Thank you,
James

I applaud you for being concerned about your ex-wife...however the attorney most certainly CAN keep her money....despite the fact that he got a judgement against you. She was the one who owed the money to him in the first place. Legally it would be her responsibility to collect from you.

If it were me, I would do what I considered to be the right thing and pay her back...at least over time.

However....you need to be aware that if any of the other debts that you are including in the bankruptcy were joint debts that you were ordered to pay....those creditors are ALSO going to go after her....and they can legally do that as well because they weren't a party to your divorce.

 

[seniorjudge]

Your ex-wife paid one of your bills.

Send her a very nice thank you note.

 

[stuboogie]

Thank you both for the quick reply. I was afraid that would be the case. I am still providing her with some support, in addition to the child support, so I guess I can even it out that way.

As far as my other debts, her attorney told her she was not legally responsible for them since they were all unsecured credit cards that I had established prior to the divorce.

Again, thank you for your time.

James

 

[seniorjudge]

As far as my other debts, her attorney told her she was not legally responsible for them since they were all unsecured credit cards that I had established prior to the divorce.

Say what?

 

[stuboogie]

Sorry, That should have read "prior to the marriage."

Sorry for the confusion.

 

[seniorjudge]

Sorry, That should have read "prior to the marriage."

Sorry for the confusion.

That's okay. Sometimes I will be typing along and right in the middle of the sentence I will