Attorney holding funds

[cocoroyal]

Per court order, my attorney has been holding $14,000 in his trust account. These funds were held to finalize the property settlement my ex was contesting. I have asked my attorney to litigate the remaining disbursement for 2 1/2 years however my ex's modifications and appeals always superceded these funds. Now my ex is over $8500.00 behind in child support not including interest. He still owes 2-4K in property monies. He moved to Georgia and quit his job. I have asked for the monies to be given to me. The attornies decided that the monies would be considered 50/50. I would receive $7000.00 and from that my attorney would take $4500 in fees. My ex would give me $6000.00 of his portion and he would get $1000. I have two arguments: one is he is more than $6000.00 behind in support and maintenance and has not finished paying for the disbursement of property settlement. He is "underemployed" and working for cash. I will never see another dime. I want all $7000.00 from his portion. Also, my attorney is "cutting" me a break by subtracting $1000 from his fees BUT I am not happy with his performance. I have emails documenting my asking for the funds to be disbursed. I even did a breakdown for him which he thanked me for and admitted he had "missed" my emails. I really don't want to pay him what he's asking. WHERE IS MY RECOURSE? What should I do? Can my attorney "take" those funds? Help! I am being evicted and I need the $$$ ASAP!

 

[dee_dub]

"My ex would give me $6000.00 of his portion and he would get $1000." You mean, of your husband's portion of the proceeds, he is going to give 6K to you? If that's the agreement between your husband and you, get it put into the agreement about how to split the funds currently held in trust. Don't have the 6K go through your husband at all, just pay it directly to you.

Your attorney can't just take funds, but he can keep them in trust or pay them into court pending resolution of your dispute. If you disagree with his bill, have it taxed.