There is no statute that allows a blanket collection of post-judgment attorney fees. In short, post-judgment attorney fees for collection may only be collected if the judgment/order or underlying contract allows for them. Blum v.
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In Arizona, usually a person is entitled to recover attorney’s fees from an adverse, opposing or other party ONLY where there is a contract which entitles you to recover attorney’s fees OR there is a statute (law) which entitles you to recover attorney’s fees. There are some limited exceptions to this rule, such as the “common fund” exception.
If the court determines that a party filed a petition under one of the following circumstances, the court shall award reasonable costs and attorney fees to the other party: 1. The petition was not filed in good faith. 2. The petition was not grounded in fact or based on law. 3.
Nov 08, 2017 · Collecting Attorney Fees on a Judgment in an Arizona Divorce. It is a myth that you can automatically collect attorney fees and other collection costs after judgment. Because garnishments and other post-judgment collection remedies are purely statutory, Judgment Creditors may only collect additional attorney fees as allowed per a statute allowing them or a …
Apr 12, 2018 · The statute for attorney’s fees in Family Court in Arizona is A.R.S. § 25-324. The statute provides two bases for a Family Court judge to award attorney’s fees and the judge must consider both of them. The first basis is relative ability to pay. If one party has a high income and a lot of assets, and the other party has a low income and few assets, then that is a basis to …
There is no statute that allows a blanket collection of post-judgment attorney fees. In short, post-judgment attorney fees for collection may only be collected if the judgment/order or underlying contract allows for them. Blum v. Cowan, 235 Ariz. 204, 330 P.3d 961 (Ct. App. 2014).
Moreover, if the underlying contract states specifically that attorney fees and collection costs may be collected post-judgment then they may be collected and your judge should have no problem including language in your judgment allowing for the collection of post-judgment attorney fees and costs.
Examples include violating court orders, taking positions contrary to law, taking positions clearly not in the children’s best interest, filing frivolous motions, and wasting the court’s time. The amount of fees that the judge awards varies.
People always want to recover their attorney’s fees from the other side in a family law case. Most judges are hesitant to make an award of attorney’s fees, but they do award fees sometimes.