Legal Help - Denver,CO

Updated on July 03, 2010
L.C. asks from Denver, CO
8 answers

My husband and his ex split up when she was pregnant with their son who is now 20 years old. They have been divorced for 19 and 1/2 years. He owed her some back support from 19 years ago and has been current on support for over 17 years but never got the back support paid off. She was mad last year when she found out she could not keep getting support until he was 21 and last August decided to sue my husband for 32,000 dollars in interest and 15,000 dollars for sending him to Sylvan learning centers starting in 2000. Plus her attorneys fees. We went to court in December and it was postponed in February went back and social services was there( they said the suit was ridiculous) they postponed again for him to get a lawyer on the advice of social services. We had to use our tax money to retain an attorney. Went to court in april and she was awarded nothing due to the fact that she received welfare and never asked for it before now. She filed an appeal and lost again. We owe our attorney 1000 on top of the 1500 retainer we already paid. Well anyway the attorney called today and said she appealed to the Colorado appeals court and he needs 3000 to continue the case! What are we supposed to do? We live paychexk to paycheck as it is. Make too much for legal aid. Anyone have any advice? Afraid if we don't have a lawyer they will give her whatever she is asking for. She said she needs this money for bills but she has spent over 5000 on her attorney already. My husbands son said she was going to use this money to buy him a new truck

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L.D.

answers from Las Vegas on

Call your attorney to see if you can work out some kind of payment arrangement with his office. Not all attorneys are familiar with the appeals process and you don't want to bring in a new attorney because there is a learning curve involved everytime an attorney takes on a new case. Plus, the attorney that you have right now seems to have done a pretty good job for you so far. I would just say, check with your lawyer, explain your financial situation and ask him if there is any way to reduce the fee or work out some kind of payment plan.

I hope you can get everything worked out in your favor. Best of luck.

3 moms found this helpful
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J.C.

answers from Anchorage on

Can you counter sue for attorneys fees since her case has no real basis?

2 moms found this helpful
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G.H.

answers from Chicago on

You said "....he never got the back support paid off" & ".....and she never asked for it before now." But if it's back support that means she asked for it & she was suppose to get it per the courts decision & it was not paid to her. But then she went on welfare. I thought if a mom was on welfare they went after the dad for back support. I don't know this one seems strange to me.

1 mom found this helpful
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A.P.

answers from Denver on

Check with your attorny, but you may be able to file a counter suit to recoup your legal fees and maybe discourage her from filing these suits, but other than that it may be cheaper to settle out of court and have her sign an agreement. I sucks because in principle the money is going to her, but in the long run cheaper than an attorney.

1 mom found this helpful
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S.B.

answers from Minneapolis on

You absolutely cannot afford NOT to have a lawyer. I would make sure that your attorney files a motion to request attorneys fees, but I don't know if it is common to award them in CO (your attorney might know). The bummer of it is, if she files bankruptcy, she can discharge the attorneys fees that she is not only supposed to pay her own lawyer, but the ones she owes you as well.

As a veteran of being drug into court on frivolous visitation/custody issues, I know how bad it can get. You can't afford to lose and you can't afford to try to win. The good news is that at some point, there is no one left to appeal her case to.

Oh, mention the truck thing to your attorney. He may want to have your son do an affidavit to that effect.

Good luck!

1 mom found this helpful
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K.S.

answers from Denver on

I am so sorry you are going through this. I'm not an attorney, but used to work in child support enforcement. What I do know is that you absolutely do need an attorney, as frustrating and expensive as it is. I would ask about payment plans for the attorney if possible. This is one of those infuriating situations that you can't make go away fast enough, but you just have to get through.

And please make sure that your attorney has experience with the appeals courts- not all do. Good luck.

1 mom found this helpful
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G.S.

answers from Denver on

When we went to court with my husband's ex, because we lost, we had to pay her attorney fees. Since she is taking you guys to court, I would ask for the court to order that she pay your attorney fees. I hope this helps.

1 mom found this helpful
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T.W.

answers from Denver on

I would ask this woman right out if the plan is to buy his son a truck. If that is the case just offer his son to co-sign on the truck for a loan or something. This amount of money for his son is ridiculous, the boy is grown, if he was going to college or something that would be different.

Sounds like this woman is just out for a quick payout. Why she is trying to squeeze blood out of turnip is beyond me. Have you looked into another attorney that might get this thing resolved instead of sucking you dry of all your funds? $3000 seems like a lot when he did so much for $2500 before. Sorry I am not that versed in any of this but you would think that there would be some way to stop her from draining you financially.

Good luck!

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