can you ask how your ex is paying for her attorney

No she can't make you pay for her attorney's fees. There are various circumstances that we look at before we determine whether one should pay the other spouse's attorney's fees and if the parties don't agree, it is up to the judge to decide. In your case, I do not believe the judge will order you to pay.

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What happens if I don't pay my ex's attorney's fees?

Jun 20, 2013 · Home » Blog » When Can I Get My Ex To Pay My Attorney Fees? On behalf of The Marks Law Firm, L.L.C. posted in Divorce on Wednesday, June 19, 2013 Perhaps you have been the stay-at-home parent in a long marriage; instead of working and building a career, you became the caregiver, leaving your income completely at the mercy of your spouse.

Can I get my ex-wife to pay for my legal fees?

May 29, 2017 · Assuming you and your ex-wife hired attorneys for the divorce, property settlement agreement, custody and visitation schedules and all the rest, you can emerge from a divorce with a hefty legal bill. You may feel, because of a perceived slight on her part, that your ex-wife should pay the tab for what you went through, so you can ask your attorney to put a …

Do I have to pay my own attorney’s fees?

Feb 11, 2013 · No she can't make you pay for her attorney's fees. There are various circumstances that we look at before we determine whether one should pay the other spouse's attorney's fees and if the parties don't agree, it is up to the judge to decide. In your case, I do not believe the judge will order you to pay. ReportAbuse.

How do I convince my wife to pay my lawyer fees?

The Code goes on to state that “In order to obtain an award under this section, the party requesting an award of attorney's fees and costs is not required to demonstrate any financial need for the award.”. Therefore, even if the party seeking an award of attorney’s fees and costs can afford to pay his/her own legal fees, if the other party is acting in a manner so as to drive …

Who pays legal costs in divorce?

The simple fact is that the petitioner always pays the divorce fees. The person filing for the divorce (known as the Petitioner) will always pay the divorce filing fee.

Can I use my ex's attorney?

The short answer, without knowing more details, is Yes. Your recent ex can likely use the same attorney that your previous ex used.Nov 12, 2012

Who pays attorney fees in child custody cases California?

You do not have to have a lawyer at the time that you to ask the court to order your spouse/partner pay your lawyer fees. The judge can order one side to pay a reasonable amount to hire a lawyer as early as possible before the case goes forward.

Should I tell my ex I got a lawyer?

The relationship you have with your lawyer is sacrosanct. When you retain a lawyer, whether for a divorce or another issue, the lawyer is ethically charged with holding what you say to him/her as confidential. That means your attorney cannot talk about your case in public or to third parties without your consent.Aug 18, 2015

Can a spouse take a child without permission?

Taking minor child without permission of father is not right but she is also her mother so you can't file criminal proccedings against her. If you need to stop her you have to file custody proccedings before family court and seek interim order from court to stop the same then only the question of visitation comes.

Can a parent take a child out of state without the other parents consent in California?

Traveling out of state or the country with your children Usually, you need the other parent's permission to travel out of state with your children, especially if you want to leave the country, or if, because of your traveling with your children, the other parent will miss his or her court-ordered visitation.

How much does it cost to file for full custody in California?

How much does it cost to file child custody papers in California? According to the Superior Court of California, there is a fee of $435.00 to file for custody and support of minor children.Jun 15, 2021

How can a mother get full custody in California?

Any parent who is requesting full custody in California has to be prepared to submit convincing evidence to the family court. The court will require valid reasons that are consistent with the children's best interest to order full custody to one parent.Apr 29, 2020

How much does a family law attorney cost in California?

That said, in California: Experienced attorneys charge $300-500 per hour. A simple, amicable divorce costs around $6,000. The average cost for a divorce is $17,500.Jan 11, 2022

Do lawyers tell you what you want to hear?

Often lawyers tell clients what clients want to hear. They do this in order to be liked and in order to get or keep business. Such attorneys lose effectiveness because the client is not getting honest advice.Jan 30, 2015

Should I tell my husband I got a lawyer?

It's often not a good idea to tell your spouse that you're meeting with a divorce lawyer, though “it varies from family to family,” Provder says. If you're still just considering divorce, silence is generally the best option. If you are concerned about your safety or access to finances, you should also stay silent.May 17, 2019

Does your divorce lawyer have to be local?

When it comes to legal separation and custody, having your attorney nearer is simply better. You want to make sure that the attorney you choose is local and will be available for court appearances and other legal matters whenever necessary.Jun 28, 2021

Is attorney's fee a community obligation?

Attorney's fees for the divorce are a community obligation-just as joint bills you may have run up while you were married. If you were represented during the divorce, your attorney's fees are chargeable to the community as well, so the two charges would offset one another, normally.

Do you have to pay a court order?

If it was part of the original court order, or in any subsequent order to make sure you paid, then yes, you will have to pay. Talk with your attorney to see what the orders said.

Do I have to pay my attorney's fees?

What does the Order say? If she has a Court Order requiring you to pay her attorney's fees, then yes, you are required to pay her attorney's fees because it is in the Order. If an Order has been issued that does not include attorney's fees (or leave the issue open for later determination), then I don't see how she can obtain attorney's fees. If the case is still open, she could request the Court to order you to pay her attorney's fees. Since the issue surrounds past due child support, a Judge could ultimately award her attorney's fees, but the Court would take into consideration your current financial circumstances.

Can a judge order you to pay for her fees?

A judge could order you to pay for her fees depending on how much she makes. If you owed support, there may be an automatic right to get attorney fees from you for collection.

Can my wife ask for attorney fees?

If you and your wife cannot reach a settlement, which will usually waive claims for attorney fees, and the case goes to a full trial, then she can ask for attorney fees. However, attorney fees are in most cases only awarded to the "less monied spouse", meaning that if your wife makes about the same or more than you do, then it is likely that her request for attorney fees will be denied.

What is attorney fee award?

An attorney’s fee award on this basis is a sanction for a party, or his/her attorney’s “bad” behavior. The Code goes on to state that “In order to obtain an award under this section, the party requesting an award of attorney's fees and costs is not required to demonstrate any financial need for the award.”. Therefore, even if the party seeking an ...

What is an award of attorney fees and costs?

An award of attorney’s fees and costs may be granted based on (1) the relative circumstances of the parties; and/or (2) the conduct of the parties’ and/or their attorney that frustrates potential settlement, including any bad faith actions.

What is the common theme in divorce?

A common theme in divorce is the award of attorney’s fees and costs. It is no mystery that any legal actions can become expensive relatively quickly. This is especially true in custody battles and divorces where, sometimes, the process can become a lengthy one.

What is the Family Code Section 271?

Family Code Section 271 provides that “the court may base an award of attorney’s fees and costs on the extent to which the conduct of each party or attorney furthers or frustrates the policy of the law to promote settlement of litigation and, where possible, ...

What to do if you can't pay your ex?

If you cannot pay because you don't have the money, you may ask for a payment plan or other accommodation, or may be able to work out an arrangement directly with your ex's attorney . However, failure to pay because you don't feel like it will likely result in an enforcement action, which can result, if you continue to refuse to pay, ...

What happens if you don't obey a court order?

The consequences could be a fine, jail, fine and jail or just a reprimand with another Order to pay. If a reprimand with another Order, you might want to consider the consequences of not obeying the Courts Order for a second time. You may also have to pay her attorney fees if she has to go to Court to enforce the original Order.

How long can you be held in contempt of court?

Contempt means that you can be held in the custody of the sheriff for up to 6 months.

Howard M Lewis

alot in judges discretion and in facts, be careful and make sure you comply with local rules, take care.

Scott Allen Scholl

It's up to the judge's descretion, and the judge will usually look at the circumstances of the case and why the parties are back in court.#N#If you go back to court and you are the prevailing party, you can ask the judge to order that she pay your attorney fees. Be prepared to show that she does not have...