court ordered attorney fees. who do i pay

As a general principle, attorney's fees awards when granted by a court are payable to the other party by the judgment debtor, and not to the attorney. A party is always responsible to his/her attorney under contract theories for the fee. The award is compensation to the winning party for having to incur that debt to their attorney.

Full Answer

When does the court order a party to pay attorney’s fees?

A court can sometimes act in the interest of justice and fairness to require one side to pay the attorneys' fees. U.S. courts have significant discretion when it comes to the awarding of attorneys' fees, and while judges do not generally like departing from the American Rule, they might require a losing side to pay the other's attorneys' fees in certain limited situations.

Who pays attorney's fees in a civil lawsuit?

In the United States, each party in a lawsuit generally pays their own lawyer. This is known as the “American Rule,” and it might surprise many Americans to learn that in many other countries the losing party pays. However, there are two main situations in which a court may order the losing party to pay the winner’s legal fees.

When do you have to pay legal fees in a contract?

Mar 21, 2013 · My ex not paying court ordered attorney fees. My ex was ordered to pay my attorney fees directly to my attorney. My attorney emailed me that he is willing to discount to my bill for the amount that is due by my ex and attorney asked his secretary to update my bill. After that we had no work to be done on the case.

When does one side have to pay the other side attorney's fees?

Nov 27, 2019 · In civil litigation, which includes cases in the Probate and Family Courts, the American rule generally dictates that each party is responsible for its own attorney’s fees and expenses. However, there are some exceptions to this, and in Massachusetts some ‘fee-shifting’ statutes provide for one party to cover the other’s legal costs, particularly in domestic relations …

When do attorneys' fees get awarded?

It's common for attorneys' fees to be awarded when the contract at issue requires the losing side to pay the winning side's legal fees and costs. This usually occurs in a business context where the parties have specifically included an attorney fee requirement in a contract.

What are the exceptions to the American rule?

Whether an exception to the "American Rule" will apply will depend on the type of case you're involved with and the state in which you live. For instance, you might have to pay when: 1 a contract provision calls for the payment of attorneys' fees, or 2 a statute (law) specifically requires payment of attorneys' fees by the losing side.

What is an equitable remedy?

(In law, equity generally means "fairness," and an equitable remedy is a fair solution that a judge develops because doing otherwise would lead to unfairness.) This type of equitable remedy—granting attorneys' fees to the winning side—is often used when the losing side brought a lawsuit that was frivolous, in bad faith, or to oppress the defendant, and the defendant wins.

What is a contract provision?

a contract provision call s for the payment of attorneys' fees, or. a statute (law) specifically requires payment of attorneys' fees by the losing side. If you're concerned or hopeful that your opponent will have to pay attorneys' fees, check (or ask your lawyer to check) if any exceptions apply to your particular case.

What is fee shifting?

This is referred to as “fee shifting.”. 1) Statute – Congress has passed many laws which allow for fee shifting in certain situations. These usually involve cases concerning issues of public policy, and are designed to help level the playing field between private plaintiffs and corporate or government defendants.

What is the American rule?

This is known as the “American Rule,” and it might surprise many Americans to learn that in many other countries the losing party pays. However, there are two main situations in which a court may order the losing party to pay the winner’s legal fees. This is referred to as “fee shifting.”. 1) Statute – Congress has passed many laws which allow ...

What is consumer protection?

Consumer protection. 2) Court Order – Courts have the authority to award attorneys’ fees. While they do not do this very often, one situation where this occurs is when the court feels that one party was acting in bad faith.

John Noah Kitta

Your situation seems a little strange. I don’t know why your attorney does not attach your ex’s wages, bank accounts, or other assets to enforce the court order. If you believe your ex has the ability to pay and is willfully not honoring the court order, you could bring him into court for not complying with the court order.

Constantine D. Buzunis

i agree with the other attorneys, you are obligated to pay the bill, try and see if he will accept the reduced amount, if not decide if it worth your while to request fee arbitration with the State Bar or work out a payment plan.

Christine James

Unfortunately you are the one who entered into the contract to pay your attorney not your ex-husband. Your attorney can collect from you and you would be responsible for collecting from your ex husband.

Stanley Prowse

Your remedy is contempt, but it's very difficult to prove. The standard of proof is criminal -beyond a reasonable doubt, he had the ability to pay you, but he didn't. You can't just go levy on his bank account, if you could find it, because the order isn't a money judgment.

Isileli Tupou Manaia Mataele

Usually it is done in payments if not then they can simply levy his accounts or garnish his wages. Your attorney should be doing this.

Steven Jon Cone

You can use various enforcement remedies typically levying on his bank account or garnishing his salary.

Tony Anthony

Mr. Benton has hit the nail on the head. It sounds as if your ex has no defense. Why are you not conferring with your attorney on all of this?

Gregory Paul Benton

The order does not expire. Yes there are interests and penalties that could be attributed to the non payment. What is his basis for appeal? If he did not show up but he had adequate notice, then he can't appeal based lack of notice.

Howard M Lewis

I am sorry that this happened to you, you pose a very simple yet potentially complicated question.

Woodrow Wilson Ware

The facts you have given make it difficult to provide an answer to your question. More facts are needed.#N#However, I will attempt to answer this question by assuming that this is a grant of attorney's fees made during the pendency of a divorce action pursuant to O.C.G.A...

Charles F Basil

As a general principle, attorney's fees awards when granted by a court are payable to the other party by the judgment debtor, and not to the attorney. A party is always responsible to his/her attorney under contract theories for the fee. The award is compensation to the winning party for having to incur that debt to their attorney.

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Can a dependent spouse be entitled to alimony?

At any time that a dependent spouse would be entitled to alimony pursuant to G.S. 50-16.3A, or post separation support pursuant to G.S. 50-16.2A, the court may, upon application of such spouse, enter an order for reasonable counsel fees, to be paid and secured by the supporting spouse in the same manner as alimony.

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.

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, ...

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.