You are here

Attorney Fees!!!

bigmombigheart's picture
Forums: 

My DH has been to court 5 times with my BM 3 times for a contempt( against BM) BM always refuses to work with DH so he has no choice but to invole courts.. But just recently DH took BM to court and won and he was ordered to pay her attorney fees. WTF!!!. DH had worked alot of overtime 15K/month mainly to pay IRS debt and still pay for the family. BM also works and makes a decent living 3K/month.The judge only looked at the fact that DH make 5 times as much as she does but she can still afford to pay for her own attorney. BM lives with her parents and doesn't pay rent. DH cannot afford to pay her attorney and his attorney fees. His family was helping him to pay my his fees. What other recourse does DH have at this time ???

bigmombigheart's picture

The contempts we a few years ago for her withholding visitation. He just went back to court to decide on what school she will goto and he won but has to pay her aattorney fees.

Drac0's picture

This doesn't make any sense to me. I have never heard of a judge telling one party to pay the cost of the other party's attorney fees regardless of their financial situation.

still learning's picture

It happens all the time although usually the one who "loses" will have to pay the costs if they were in contempt. Is there anything in his divorce decree about it?

Orange County Ca's picture

That's seems blatantly stupid to make him pay. But his only recourse would be to file an appeal which means another filing fee, attorney costs (although he can do it on his own).

Personally I'd appeal on principle but I understand not everyone has that freedom.

bigmombigheart's picture

They have 50/50..is there more fees to appeal? I think so he was doing what the law tells him to do in this case. I feel thats the only reason the judge did it.

Orange County Ca's picture

Punishing your husband for filing too many requests is the only thing that makes (non) sense. All the more reason to file an appeal.

The link above to the laws on paying attorney fees is California law so make sure you're looking at your states laws on the subject.

counseling.advocate's picture

15,000 in a month?!? Versus her little $3,000 per month?

I think you guys can afford it. Not sure you really understand what it's like to be hurting for cash.

Pick your battles next time and work it out with BM rather than with the courts. Hopefully she learned her lesson, just be thankful you won.

BM never's picture

We had the same thing happen to us. DH worked a 12hr shift 6 days a week to get out of debt. BM left him with about $20k in credit card debt and racked up another $40k in legal fee's. All the OT was for debt, but court just saw that he was making $15k a month. Now BM has taken us to court again and we are looking at about $15k in legal fees. DH is not to work any extra OT because it counts against him. Instead we submit to paying $500 a month to lawyer.

SanAntonioSoccerMom's picture

File for a reconsideration. Cheaper, faster, and more likely to actually happen than an appeal.

There is no punishment, or nothing stopping her from continually be in contempt. She violates the CO and goes to court for free. That is straight bullshit.

Rags's picture

DH should start sending BM's attorney $1/mo and forget about it. He is complying with the order and eventually it will be paid off.