I've posted for information a few times on here, but my situation keeps changing. Background - ex filed in July 2009 to have child support lowered b/c he has 3 additional dependents. According to Iowa Law, in order for a downward modification, there has to be a 10% change in salaries for them to take the additional dependents into consideration. There was NOT a 10% change which means - he did not qualify.
His attorney pressed forward and in September 2009, he lost his job (not due to the economy, but due to calling in sick/illegal practices, etc). We went through mediation and b/c he was now unemployed, his attorney pushed for child support to be lowered. I do have an attorney and we decided to wait it out and go to court and let a judge decide (there is a lot more into it - he's in contempt for not having health insurance coverage for the kids, also in contempt with over $1,000 in medical fees owing to me, and also in contempt for not having his life insurance payable to the kids - all of which are in our original decree). Anyway - courts are booked and our court date is set for June 2010.
In the meantime, he gets another job and is now making the same as he was before - still does not cover a 10% change - therefore, he doesn't qualify for a reduction.
My attorney informed me today that she spoke to his attorney, who claims he was unaware of the 10% change BEFORE they took into consideration the additional dependents. He is now talking to other attorneys to get confirmation of this and my attorney says it sounds like they're going to throw in the towel.
Great news - except - I've already spent over $4,700 in attorney fees and I've probably racked up another $1,500+ the last month that hasn't been billed. I'm more than a little bit upset as this entire modification was unwarranted from the beginning but due to HIS attorney not knowing the law, I've racked up A LOT of legal fees. Is there any action I can take to have him (the ex) pay a portion of my attorney fees? Is the other attorney liable whatsoever for putting us through this mess?
His attorney pressed forward and in September 2009, he lost his job (not due to the economy, but due to calling in sick/illegal practices, etc). We went through mediation and b/c he was now unemployed, his attorney pushed for child support to be lowered. I do have an attorney and we decided to wait it out and go to court and let a judge decide (there is a lot more into it - he's in contempt for not having health insurance coverage for the kids, also in contempt with over $1,000 in medical fees owing to me, and also in contempt for not having his life insurance payable to the kids - all of which are in our original decree). Anyway - courts are booked and our court date is set for June 2010.
In the meantime, he gets another job and is now making the same as he was before - still does not cover a 10% change - therefore, he doesn't qualify for a reduction.
My attorney informed me today that she spoke to his attorney, who claims he was unaware of the 10% change BEFORE they took into consideration the additional dependents. He is now talking to other attorneys to get confirmation of this and my attorney says it sounds like they're going to throw in the towel.
Great news - except - I've already spent over $4,700 in attorney fees and I've probably racked up another $1,500+ the last month that hasn't been billed. I'm more than a little bit upset as this entire modification was unwarranted from the beginning but due to HIS attorney not knowing the law, I've racked up A LOT of legal fees. Is there any action I can take to have him (the ex) pay a portion of my attorney fees? Is the other attorney liable whatsoever for putting us through this mess?
