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BM want DH to pay her attorney fees? Can this happen?

bigmombigheart's picture
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Dh filed motion to modify current custody because he and BM cannot agree where child will start school. Near our home or BM home? Current order 2/2/5 schedule.Bm response was for DH husband to pay her attorney fees because he makes more than here....(really!!!!!) They were never married this is a valid reason for having to modify being that they cannot agree. Why would he need to pay her costs? Any ppersonal experience with this anyone?

Orange County Ca's picture

Tell your attorney the threat has been made to make sure s/he is prepared to argue against it.

Rags's picture

Not likely unless DH just agrees. At least that is the case in my experience. DickHead tried this every time we ended up in court during the 16+ years of my SS's Custody]/Visitation/Support CO.

Each time the Sperm Idiot tried to get the court to award him legal fees we presented documented evidence that Sperm Gandmommy and Sperm Granddady were paying his legal fees. Each time the judge ruled that each party was responsible for their own legal fees.

Rags's picture

Anyone can ask for the opposition to pay their legal fees. Most cases that I have seen when one asks for legal fees the other does also and the Judge rules that each party is responsible for their own legal costs.

I am not sure where "Tell her you will use the fact that she cannot afford an attorney AGAINST HER in Court..." came from. Not something I recall ever saying.

Certainly if the opposition can't afford legal costs it can be an influencer on whether they will litigate or not. We certainly would drop the "Okay, then we will see you in court. Go file!" card frequently when the Sperm Clan would get stupid and threaten to take us to court. Other than the first attempt at custody they never initiated a court action.

SanAntonioSoccerMom's picture

It is a very common request. I have never seen it granted with my husband and his ex. My husband is a high wage earner, his ex is basically indigent and we have never paid any sort of legal fees to her. I would suggest your husband's attorney request the same from her...odds are, they will pay their own fees.

unwillingparticipant's picture

Yep. I work in the CT judicial system and I've seen a judge grant it.