Attorney's Fees


#1

Dear jmcwhirter:

Greetings. First, I do not know Ted Shapack. I say that because you are not going to like what I have to say - but the language you wrote I agree with the judge and your wife’s attorney. You are the visiting parent if she has primary custody. Not having an attorney does not mean that you can misconstrue/misunderstand an order and not be responsible.

You are fighting a losing battle in my opinion - make a payment plan and get advice the next time you are not clear on some part of the order. Good luck.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#2

Thank you for your time. I understand that aspect. What I don’t understand is why I can’t get the ordered changed. The order is not what we agreed to and I can’t convince anyone to change it. How can I change it without spending money on an attorney?

quote:
Originally posted by JanetFritts
[br]Dear jmcwhirter:

Greetings. First, I do not know Ted Shapack. I say that because you are not going to like what I have to say - but the language you wrote I agree with the judge and your wife’s attorney. You are the visiting parent if she has primary custody. Not having an attorney does not mean that you can misconstrue/misunderstand an order and not be responsible.

You are fighting a losing battle in my opinion - make a payment plan and get advice the next time you are not clear on some part of the order. Good luck.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


J. A. McWhirter


#3

Dear jmcwhirter:

Greetings. Judges will not change an order unless there is a substantial change of circumstances when the issue is child custody. Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#4

My ex-wifes attorney, Ted Shapack, has filed Contempt Papers on me for Attorney’s Fees awarded to him on previous Comtempt Motions. Each incident was a result of the Custody papers he drafted. For example, during mediation we (myself, ex-wife, her attorney & my former attorney) decided that whomever had the children the other parent would come and get them. When the order was drafted it was wriiten with language like “visiting parent will provide transportation” I took that to mean we would split transportation depending on who had the children. The ex and her attorney argued that I was always the visiting parent because she has custody. The Judge, Jane V. Harper, would not listen to my explaination (in part because I represented myself) and sided with them…boom. Attorneys fees. This happened 3 times on different issues based on his language in the order. It got to the point I finally gave up. We now have new Judge. Is it possible to get her to understand why the past contempts took place and order that I not pay the Attorney’s fees. He makes 250.00 an hour and I make 25.00 and hour. I am ordered to pay over 3000.00 and that is 120 hours of work for me. Am I fighting a losing battle or do I stand a chance?

J. A. McWhirter