Do I Have to Pay My Legal Fees, When My Ex- Was Ordered to Pay Them

[hamchris]

My question involves divorce in the State of: Missouri

My divorce attorney just informed me, after 7 years, that ex is ungarnishable and that I am responsible for the fees that were assigned to him through my divorce papers. my ex was making payments to my divorce lawyer years ago, but stopped and now i get a letter from my lawyer saying that he will sue me if i don't pay it. Isn't my divorce decree legally binding? Do I have to pay this now?

[Dogmatique]

He's going to get the money somehow - he may be able to sue you, yes.

Then you'd have to sue your ex for reimbursement.

But much may depend on the wording of your decree, and the wording of your agreement with the attorney.

[Baz744]

There is a 10 year statute of limitations on actions "upon a writing for the payment of money or property," pursuant to RSMO 516.110. But there is a 5 year statute of limitations on other actions on contracts, pursuant to 516.120.

http://www.moga.mo.gov/statutes/C500-599/5160000110.HTM

http://www.moga.mo.gov/statutes/c500-599/5160000120.htm

In Kraus Company v. State Highway Commission, 416 SW 2d 639, the Missouri Supreme Court suggested that actions "for the payment of money or property" would include actions on a written contract where the contract terms laid out an express agreement to pay money.

"In the case under review there is no allegation that defendant promised or agreed in the contract to reimburse plaintiff for money paid in settlement of damage claims asserted by adjoining property owners. Defendant did agree to pay plaintiff a specified sum for labor and materials furnished in constructing the portion of the highway here involved but that is not the item for which recovery is sought."

http://scholar.google.com/scholar_ca..._sdt=400000004

If, therefore, there was a written agreement with your attorney which specified how much you were to pay him, it likely falls under the 10 year limit of 516.110.

There is another legal question here which I can't answer. That is whether the divorce decree's order for your ex to pay your attorney fees effectively abrogated your responsibility under your contract with your attorney. I doubt it, but it's at least possible.

Why is your ex ungarnishable?