have to pay attorney fees for ex wife how to

by Louvenia Morissette 10 min read

If you think you will qualify to have your attorney’s fees paid by your soon-to-be-ex spouse, you must make this request prior to the alimony hearing so that the opposing party knows you are seeking this relief. You can make this request in a pleading or motion. Your divorce attorney can advise you on the best way to make the request.

If a spouse does not qualify for a full or partial award of attorney's, there is still another option to make paying divorce attorney's fees feasible. A spouse can petition the court to receive an advance on their portion of equitable distribution in the beginning of a divorce case to pay for attorney's fees.

Full Answer

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

One solution is filing a motion to have the other spouse/parent pay his/her attorney’s fees and costs. But how? 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.

Why do judges decide who should pay for lawyers fees?

Feb 11, 2013 · Update Your Profile. Answered on Feb 13th, 2013 at 4:59 PM. She can't make you pay her attorney fees unless the court ordered you to pay them. If the court did order you to pay them, the only way to get out of that would be to file a motion with the court and see whether the judge will let you off the hook.

What happens if I don't pay my court Bill?

During my custody case my ex-wife told several lies that caused the case to be very drawn out and resulted in a lot more attorney fees. Since she perjured herself, can I be repaid for those attorney fees? Answer: Please be advised that I am barred in Pennsylvania and will answer your question based on my experience in Pennsylvania.

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How can I get my ex to pay legal fees?

To ask the judge to order the other side to pay part or all of your lawyer's fees and costs, you will have to ask for a court hearing and explain why you need the order....To Ask for Lawyer's FeesFill out your court forms. ... Have your forms reviewed. ... Make at least 2 copies of your court forms.More items...

Do I have to pay for my wife's divorce lawyer California?

Generally, one spouse can't force the other to pay for their divorce in California. Each spouse pays for their own lawyer and all associated costs.Mar 19, 2020

Who pays court fees in divorce?

the petitionerThe 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.

How much does a divorce attorney cost in California?

Average total costs for divorce lawyers in California range from $12,500 to $15,300, but fees are usually lower in cases with no contested divorce issues and higher when cases go to trial. The divorce process in California typically ranges from 8 months for uncontested cases to 18 months or more with disputes.Feb 24, 2020

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.

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.

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.

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.

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.

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, ...

Paula Brown Sinclair

The circumstances under which her attorney can be awarded fees are quite limited, but the time for opposing the motion for fees is very short. Contact Idaho counsel without delay. Without the assistance of an experienced Idaho family practitioner her attorney will steam-roller right over you and this will become a very costly misadventure.

Howard M Lewis

I would at least consult with an attorney to review the paperwok she has sent you. You may want to hire an attorney in Idaho and ask that your appearance be waived due to the fact you can't afford to travel to Navada. Best of luck. m

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