Question:
Earlier this year, I lost a child custody court battle and the judge issued an order saying that I am obligated to pay my ex-wife’s attorney fees, plus some other financial expenses.
They were expected to file a judgment against me before being forced to pay, but it has been about six months and nothing has been filed to collect these payments.
Is there a time period that they must file this request within?
Answer:
This answer only includes general divorce help for men since I am only licensed to practice in Colorado and am thus unable to provide any financial advice on divorce.
It is unlikely, unless specifically directed by the judge, that the six months or of inaction would result in the other party waiving their rights to attorney fees. I am unsure of the process in your state, but generally an attorney does have to file an affidavit of attorneys fees, and the court will give a date for which they are to be paid.
Generally speaking, a separate filing for judgment is not required as the court order itself orders the payment.
Given that your question is specific to state law, I would recommend that you contact someone at your local courthouse (most jurisdictions have free legal assistance clinics) to see if they can inform you with regards to the law as it relates to a waiver for failure to seek judgment.
Cordell & Cordell has men’s divorce lawyers located nationwide.
To schedule an appointment with a Cordell & Cordell attorney, including Ashley A. Hughes, a Staff Attorney in the Colorado Springs, Colorado office, please contact Cordell & Cordell.
