After many years of paying child support and alimony my ex and I mediated with just our attorneys before going back to court due to change in circumstance. At the mediation I was told that I owed over $10,000 in back alimony even though it is wage withheld. Only to find out that alimony payments were made to the Child Support System and ex recieved both Alimony and Child Support and was not owed anything. My attorney was convienced I owed her money and pressured me to sign the agreement. The agreement stated that I would not recieve child support for my youngest for 9 months to make up for owed Alimony even though it has been uncovered now that she was not owed any money. My ex and her attorney knew very well she recieved the full amount every month she was owed. Should my attorney be held responsible for not realizing the misleading information and should file a bar complaint on her attorney?
A complaint with the State Bar should be made if you think an attorney acted unethically and violated one or more of the Rules of Professional Conduct.
Otherwise a malpractice claim could be made. It may be difficult to claim malpractice if you were privy to the same information but no one analyzed it adequately.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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