how to request attorney fees from dcss

You may include your request for attorney’s fees in your initial pleadings, or by filing a motion after the determination has been made in the main action (i.e., the custody or child support hearing). If the evidence supports an award for attorney’s fees, the judge will grant your motion. How much can I get?

Full Answer

Is there a fee for making payments through DCSS?

This fee is in addition to a Family Support Registry fee charged for all payments made through DCSS. Payments made by check, money order, cash or directly debited from a checking account are not subject to the 2.5 percent convenience fee.

How do I get attorney’s fees for a custody or child support?

You may include your request for attorney’s fees in your initial pleadings, or by filing a motion after the determination has been made in the main action (i.e., the custody or child support hearing). If the evidence supports an award for attorney’s fees, the judge will grant your motion. How much can I get?

How do I make a request for Attorney’s fees?

When making a request for attorney’s fees, you will need to include an Income and Expense declaration form. ( Cal. Judicial Council Form FL-150 .) Need More Help?

How does DCSS collect interest on a private order?

Therefore, DCSS is authorized to apply and collect interest on judgments that were either established by DCSS or those private orders modified by DCSS. If a private order is modified by DCSS, then DCSS would collect interest from the date of entry of the new judgment, i.e., the modification order.

Can you request attorney fees in court?

A party can request attorney’s fees in the initial pleadings, or file a motion after the court has made a determination in the main action (for example, custody or child support ). If there is evidence supporting an award for attorney’s fees, the judge will grant the request.

Can you recover attorney fees for child custody?

You can recover reasonable attorney’s fees associated specifically with your child support / child custody hearing. Any portions of trial unrelated to child support /custody will be not be included in an award for attorney’s fees.

Can an attorney inflate fees?

Additionally, the attorney’s fees you seek must be reasonable. Your attorney is prohibited from inflating fees solely because your opponent is footing the bill, and those fees cannot be unusually high. The judge will take into account several factors to determine whether a fee is reasonable, such as:

Who is entitled to fees in a lawsuit?

Entitlement to Fees . Fees may only be awarded to “an interested party acting in good faith who has insufficient means to defray the expense of the suit.” A court’s determination of these factors is reviewed de novo on appeal. Hudson v. Hudson, 299 N.C. 465 (1980).

What is reasonableness of attorney fees?

Reasonableness of Fees . The amount of reasonable attorney fees awarded is reviewed for abuse of discretion. It is clear, however, that in supporting a “reasonable” fee award, the court must make findings of fact as to the nature and scope of legal services rendered; attorney skill and time required; and the attorney’s hourly rate and reasonableness in comparison to others. Simpson v. Simpson, 209 N.C. App. 320 (2011). A judge who witnessed hearings or the trial of a custody matter is in a good position to assess the skill and effectiveness of the attorney. But in almost every case, the trial court will also require the attorney for the movant to submit an affidavit that sets out facts to support each of the reasonableness factors. If an affidavit fails to state that the attorney’s hourly rate is reasonable in comparison to other rates in the area, the judge is permitted—although by no means required—to take judicial notice of a reasonable rate (if the judge in fact has such knowledge). The Court of Appeals has “stress [ed], nonetheless, that the better practice is for parties to provide evidence of the customary local rate [.]” Id . And what if the attorney’s affidavit does make the proper averment, but the court is unconvinced? The judge of course is not required to accept the statement on its face. Some judges may also require supporting affidavits from other local attorneys, and those affidavits will be similarly scrutinized. In the end, a judge may effectively reduce the hourly rate by calculating a fee based on a rate the judge knows to be reasonable.

What should accompany a fee affidavit?

Accompanying a fee affidavit should also be a detailed timesheet or invoice that breaks down the work performed , when, and by whom. A timesheet that merely set forth dates and hours spent working for the movant, but which provided no descriptions of the work performed, was not adequate to support a fee award. Davignon v. Davignon, 782 S.E.2d 391 (2016).

What happens if an affidavit fails to state that the attorney's hourly rate is reasonable?

If an affidavit fails to state that the attorney’s hourly rate is reasonable in comparison to other rates in the area , the judge is permitted— although by no means required—to take judicial notice of a reasonable rate (if the judge in fact has such knowledge).

What is the purpose of the fee shifting provision in 50-13.6?

Policy. The purpose of the fee-shifting provision in 50-13.6 is not to act as sanction against the party ordered to pay the other’s fees. Instead, it is to help level the playing field for a party at a financial disadvantage in litigating custody of a child. As our Supreme Court has said, the statute helps make it possible for a party “to employ ...

What is the statute for child custody?

The statute provides that: In an action or proceeding for the custody or support, or both, of a minor child, including a motion in the cause for the modification or revocation of an existing order for custody or support, or both, the court may in its discretion order payment of reasonable attorney’s fees to an interested party acting in good faith ...

Can a multi claim award include fees?

An award under this statute may include only fees incurred in pursuing the child custody and support claims. See Robinson v. Robinson, 210 N.C. App. 319 (2011) (error not to cull out fees related to equitable distribution claim); Cunningham, 171 N.C. App. 550 (2005) (error to include fees related to TPR action). At a minimum, then, the movant in a multi-claim action should provide time records that allow the court to see what time was spent on the relevant claims.