Q: How to handle a case that is dragging due to my ex requesting many continuances and not cooperating w/ an order?
I have an 18 month old, my ex manipulated me into accepting a support based on my base salary vs his base salary and smith-ostler on his additional income ( he makes between $250 - $350k in annual commission and has for years). However, he has broken the order and has not paid Smith-Ostler, additionally he does not provide his income documents on our annual exchange based on our order. I have pursued court intervention to both A) recover moneys owed from commissions and B) modify the support based on annual income (as it should've been in the first place), yet he has been granted two continuances on each case and this is dragging. Do I have any options to put an end to this? He is clearly breaking the order, I've propounded docs which he has not cooperated with, my attorney says there's nothing she can do to make it stop dragging, I am at a loss because I am spending a lot of money on attorney fees and getting nowhere. Thanks.
A: An attorney should review the court file to see what the exact language of the court order says. You may be able to ask the court to give you a judgment for any unpaid arrears. If you have to bring on a motion to enforce the existing order, you or your attorney should ask for Attorney's Fees as well as the arrears in support. Look for an attorney in the county where the order was entered and see what kind of Attorney's Fees the lawyer will charge you. Many lawyers will take on a case like this for a small fee up front but on an hourly contract. The attorney may be able to get the court to order your husband to pay At least some of your Attorney's Fees. Best wishes for success. Susan G. Cohen. 9521 Folsom Boulrvard, Suite R, Sacramento, California. (916) 541-0047
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