Collection of legal fees

UPDATED: Sep 30, 2022

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Collection of legal fees

Court ruled on my behalf that she has to pay my legal fees associated with enforcement of our property settlement? My fear is that this is a hollow victory. How do I get the funds from her? If she doesn’t pay or pay on time what remedies do I have? The only assets I know of that she has is a 8 year old jeep and a 401k. She is employed full-time as a nurse.

Asked on November 7, 2016 under Family Law, Virginia


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If your ex-wife does not comply with court orders, your recourse is to pursue contempt of court against her.
You will need to file an Order to Show Cause (court form) requesting a hearing for contempt of court (contact the court clerk to schedule a hearing date which you include in your documents)  and your declaration signed under penalty of perjury stating the supporting facts and any other documents which will provide supporting evidence of her failure to comply with the court order.  File these documents with the court with a proof of service which verifies the date of mailing a copy of your documents to her or her attorney.
Check with the court clerk to be certain that you have all the required documents for filing for contempt of court because the required documents may vary from state to state.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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