I have a question regarding an Order Issued and the handling of a contempt motion for child support arrearages in CO.

I retained counsel to pursue past due child support. He advised me to file a contempt motion. I requested that he subpoena my ex husbands stock records. 1.5 wks before the hearing he said he did not have enough time due to new guidelines re: subpoenas that he did not know about. Instead of filing a motion for continuance, he filed a motion to vacate stating that the parties wanted mediation which was not what I wanted. The Court ordered mediation as a result. I was not provided with copies of the filed motions he filed and he selected the mediator for me. He also forgot that he had done so and another mediator contacted my ex husband leading to confusion. Can a mediator even assist with this case and was my case even handled properly. The atty also responded to me late, if at all.

Denver, CO -

Attorney Answers (2)

John M Connell

John M Connell

Workers' Compensation Lawyer - Englewood, CO
Answered

You have the right to seek out other counsel if you are not happy with your representation. Your attorney's request for mediation may have been a tactic to delay the proceedings so that he could obtain the records you requested, in which case he was doing what you wanted. Talk to the attorney and see if they can explain what is going on to you

Justin Steele Ross

Justin Steele Ross

Family Law Attorney - Littleton, CO
Answered

It is not unusual that the court, or your counsel, would order/pursue mediation in lieu of a hearing. A mediator can assist. However, mediation is a voluntary process in that he/she cannot force you to enter into any agreements. If you have lost trust in your counsel, you can always switch attorneys. However, it sounds like this may be an issue of miscommunication, and you should visit with your attorney in his/her office to fully address the situation. It usually increases expense to switch attorneys (since your new lawyer would have to bring him/herself up to speed), and you should keep that in mind.

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