Litigation versus settlement


#1

We have been to trial now 4 times for PSS, child support and twice for back support. Even with orders from the judge, the ex still doesn’t pay.

He is currently facing jail time and my attorney wishes to use this as a leverage to gain a more favorable settlement as we have not settled property yet.

My problem is that ex is not a honest person. Although it is more expensive I feel I need the judge to make the orders and then if he faces jail time from not obeying the judges orders then we need to follow through.

Any promise that he makes to pay in a settlement will possibly not be obeyed, since he doesn’t follow the current orders. Also, I believe in our case, the judge is being very fair and he has never suggested a settlement that was even remotely fair.

Question. Can I request that my attorney proceed wit the judges orders and take everything to court. He wishes to go back and forth with a settlement offer for awhile but I know my ex better than anyone and I know he will not pay as requested (unles he is faced with jail)

Can my attorney override my wishes. I know he has way more legal expertise than I, but I know my ex better than anyone. I know my atty wishes to get me a more favorable financial settlement, and I wish for that of course, but I also wish for fairness and justice and when someone disobeys the law (as in not paying child support) then they should be punished according to the law. Not just given chance after chance to try to make things right. He has been given many chances.


#2

another thing. I wish for my attorney to now ask for garnishment of wages to pay child support. Can only the judge do that or can that be done in a settlement agreement?


#3

Child support via wage withholding must be contained in a court order. You can agree to the terms and execute a Consent Order which has the same effect as any order a judge would impose.