what do i do if my ex-husband file a motion to have me pay his attorney fees

If the judge believes that a person is filing multiple motions or requests for the sole purpose of running up his or her ex’s legal bills, the judge can order that person to pay the other side’s attorneys’ fees. In extreme cases, the person filing the motion can be held in contempt and forced to pay fines, or even spend time in jail.

Full Answer

Can a lawyer file a motion to remove an ex spouse?

5. Complete and file a motion to enforce your divorce decree. Complete the forms carefully, attaching all required information and documentation, and file them with the Clerk of Courts in your county. Expect to pay a filing fee when you do so. When you file a motion with the court, you are asking the judge to enforce the terms of your divorce decree. Your ex-spouse may respond …

Can a judge order a person to pay for their ex’s lawyer?

Dec 21, 2015 · If the judge believes that a person is filing multiple motions or requests for the sole purpose of running up his or her ex’s legal bills, the judge can order that person to pay the other side’s attorneys’ fees. In extreme cases, the person filing the motion can be held in contempt and forced to pay fines, or even spend time in jail.

What to do if your ex won’t pay child support?

When your ex won’t pay what he or she owes, you can ask a judge to enforce the family court order. Filing a Petition on Rule to Show Cause. First, you need to let the court know that your ex-spouse or former partner is not following the terms of your divorce decree or child support order.

What can I do if my ex husband owes me money?

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 …

How do you get unpaid alimony?

To collect past-due alimony support payments, you can write a Demand for Alimony Payment letter reminding your ex-spouse of his or her support obligations. If your ex-spouse does not repay the past-due support, you can use the letter as proof of your attempt to collect payment and resolve the matter.

What happens if you don't pay alimony?

What happens if the alimony is not paid on time? Once the court passes the order, the supporting spouse has to pay alimony within the timeline decided. If payments are not made in time, there are consequences; the court can take further action against the spouse, such as penalties.Apr 12, 2019

Does the respondent have to pay for divorce?

It is the responsibility of the petitioner to pay the costs when they initially file for divorce. However, the petitioner can ask the respondent to pay for some or all the costs in certain circumstances.Oct 7, 2021

What happens if you don't pay alimony in SC?

If you stop making alimony payments (regardless of the reason), you could face civil or criminal charges for contempt of court. Contempt of court means that you violated a court order during your divorce proceedings. ... The court might give you extra time to pay or establish a new payment plan.Dec 18, 2015

How much alimony does wife get?

If the alimony is being paid on a monthly basis, the Supreme Court of India has set 25% of the husband's net monthly salary as the benchmark amount that should be granted to the wife. There is no such benchmark for one-time settlement, but usually, the amount ranges between 1/5th to 1/3rd of the husband's net worth.Jan 27, 2020

Does a man have to pay alimony if he remarries?

Yes. The obligation to pay future alimony ends when the supported spouse remarries. The paying spouse doesn't have to return to court—payments may simply stop as of the date of the marriage.

Is it better to be the petitioner or the respondent in a divorce?

A petitioner is a person who has initially asked for the divorce. The respondent is the spouse who has received the request. Though you may have amicably agreed to divorce, one of you needs to start the process. ... There is no advantage or disadvantage to being either the petitioner or respondent.Jan 29, 2020

How much does a divorce cost UK 2020?

Fee. You must pay a £593 fee to apply for a divorce. The way you pay depends on how you apply. Your fee will not be refunded after you are sent the notice that your application has been issued.

What is unreasonable behaviour in a divorce?

When talking about divorce, 'unreasonable behaviour' is the term used to describe that an individual's spouse has behaved in a way that means they cannot be reasonably expected to continue living with them.Feb 21, 2021

What is considered abandonment in a marriage in SC?

In South Carolina, abandonment or desertion is defined as not living together for a period of one year, without justification or consent of the other spouse.Feb 21, 2021

Can my ex sue me for money after divorce?

In general, yes you can sue. Whether you will be successful or the judge will toss your case out of court is a different question altogether. You may also be required to pay for your ex's lawyer for filing a frivolous lawsuit. So, you need to be careful before you run to the courthouse with a suit in mind.

Does adultery affect alimony in South Carolina?

A spouse who commits adultery in South Carolina isn't eligible to receive alimony. The only exception is if the faithful spouse condoned the adultery, meaning knew about and allowed the affair. ... You don't need direct proof of your spouse's adultery; you can prove this with circumstantial evidence.

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 happens if my spouse doesn't pay alimony?

When paying spouses fail to pay court-ordered alimony, they are violating (disobeying) court orders, and judges don't like it when folks don't follow their orders. Courts have a lot of discretion in terms of what sorts of punishments or fines they can impose on delinquent spouses.

What to do if your spouse is unemployed?

If your spouse is willfully unemployed, you can ask a judge to order your spouse to look for work and/or impute (attribute) some income to your spouse based on his or her earning capacity (what a person could earn based on education, job skills, work history, and job opportunities).

What happens if you don't pay alimony in New Jersey?

So, if you live in New Jersey and your spouse has failed to pay alimony, a court might hold your spouse in contempt. If the judge finds your ex in contempt, the first punishment will most likely be an order to pay the overdue support and possibly an additional fine. After that, if your spouse continues to disobey the order, the judge may order jail time for the continued disobedience.

What is an income withholding order?

Many alimony orders start out with an income withholding order, which requires the payor spouse's employer to withhold the alimony amount from the payor spouse's paycheck and send it directly to the supported spouse.

Ronald Glenn Lieberman

It is difficult but not impossible to preclude a party from filing motions. You need a judge's order to that effect.#N#DISCLAIMER This answer is provided for educational purposes only. By using or participating in this site you agree and understand that there is no attorney client...

Susan Pernick

All you can do is ask the judge to issue a filing injunction. That would prohibit your ex from making any further motions without the permission of the judge. Your ex would have to submit the motion to the judge before he files it, and the judge would have to review it to see if it raises any new matters.

David Perry Davis

You can't put a blanket prohibition on his ability to file; he has a right to access to the court system.#N#But... in your next response, ask (as a separate request for relief in your cross-motion) for the judge to declare him a "vexatious litigant" and require that any...

James R Fridie III

Unfortunately you can’t stop him from filing motions. Orders relating to custody, parenting time, alimony, and child support are never permanent; a litigant can always file a motion to modify by alleging that there has been a change of circumstances since the initial order was filed.

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.