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Paying BM attorney fees!!

Baisy's picture

We live in the state fo California and we just received notice that BM wants my BF to pay $12,000 dollars of attornery. Lets keep in mind BM does not work and live off of SSI and CS and is going to school to be a RN and receives grants for school. BM claims that he should pay attorney fees due that he take her to court to try to get more time with SS and so far it has worked until this last time they did denied more time due to the judge felt that there was no significant reason to modify child custody so noting was granted for BF. BF has not once had an attorney and has chose not to get one. Can they really make him pay that amount and really how other way will he be able to get more time if he doesnt take her to court it would be a lose and lose situation. FRUSTRATED :?

they8ntmine's picture

Who did the note come from? BM or her lawyer?

That sucks either way, especially since he was able to represent himself and not rack up the ridiculous attorney fees

Baisy's picture

She has the lawyer send it to us again I dont understand if she has no job why get an effen lawyer and still BF to pay for it.. :jawdrop:

they8ntmine's picture

Honestly I'm not sure if she can do that. I would talk to a lawyer (not hers) and ask if it's legal or if she can try and make you pay. Usually a consult from a lawyer is free so use your free consult to find out about that.

they8ntmine's picture

this is from a site i found in georgia, but its a start

If I file an action to modify custody, can my ex-spouse be ordered to pay my attorney's fees?

For cases filed before January 1, 2008, generally, no. Unless your ex-spouse has made a frivolous claim, been stubbornly litigious, or has otherwise acted in bad faith during the litigation, in which case the court has the power to award attorney's fees and expenses of litigation, the court had no authority to award attorney's fees in an action solely to modify custody and/or visitation. However, if your case includes a claim for modification of child support incident to the change of custody, the court may award attorney's fees, costs and expenses of litigation to the "prevailing" party with respect to the child support claim, regardless of who files the case, and can also require the party seeking a modification of child support to pay your ex-spouse's attorney's fees and expenses for having to defend the case. Ultimately, it's entirely within the court's providence to award fees or not in such a case. For cases filed on or after January 1, 2008, attorney's fees may be awarded by the court from one party to the other.
e to decide.

Everything I've read so far though states she has to file a motion with the courts.. Good luck!!

CrystalRE's picture

Bm also requested that we pay her legal fees when we went to court for cusotdy issues with my SK's. The judge denied her request in a heartbeat.

iwishyouwould's picture

LOL!! Hell no!! why should he pay for opposing counsel? Why should he pay her lawyer to help her win her case, in direct conflict with what he wants?? Tell them to go to hell and see what they say.

Jsmom's picture

We were able to get BM here to pay half of our fees during the first modification, since she caused it and the judge thought she should. Good luck but be prepared to pay some of it.

Timetogiveup's picture

We are in AZ and my DH was court ordered to pay $2,000 of BM's atty's fees. BM's atty claimed thast her fees were 10k and based on DH's portion was based on his income. I thought it was really strange that there was no invoice presented, no time allowed to review the charges was bull.

pastepmomof3's picture

We are in PA and when we charged XW#1 with contempt, our lawyer told us we could ask that she pay our legal fees since her actions forced us to take action. We didn't get it because it never went before the judge, but it's a real possibility.

Tell BF to get a legal opinion.

Orange County Ca's picture

I'm concerned that BF overstepped legitimate reason for filing a suit since he lost his last case. From here it sounds like he may have continued filing until he lost just for the heck of it.

I.e. he filed for more time and got it. Not satisfied with that he filed again and got it. Still not satisfied he filed again and eventually he got his chain jerked by the judge.

Could be considered harassment.

Talking to your own attorney just gives your attorney a chance to rile up a fight in which both attorneys get more money, perhaps all of it from your boyfriend. And that's in addition to the 12K he might still have to pay.

These things are at best difficult to judge and impossible to predict how a real judge will judge it. No pun intended.

Consider offering a compromise directly to the woman. Fifty percent? Maybe paid monthly $100?

Baisy's picture

Last year in summer of 2009 he was on disabailty and was off of work and she granted him more time but as soon as he went back again it was not written they both agreed to keep it the same but of course she changed her mind and went right back to the court order.BF had not taken her to court in a year didn't modify CS for 3 years until this year. Since we have been together he has only taken her 2 x. Here in Ca you can ask for a modification every 6 months from the last court date for mediation it has to be over 6 months the baby is only 3 yrs of age. BF concern is that he does not want to being going back to court when he is older he would rather have a little more time now and just not go back at all. We respected the last judgement but since nothing was addressed to him paying the atty fees they filed again for him to pay 12 before it was only 5.

The reason he filed is that previously he lived with mom and now we have our home where the little one has his own room and that BF is doing all he can to provide SS with everything he thought that would help him get a little more time again when they went to mediation the recommendation was for him to get more time but the judge denied again he represents himself each and everytime.

mmmpork's picture

That's great that they recommended more time in mediation. We're in a similar position where things are leaning in BM's favor due to a false status quo (she doesn't work and lives in the house while he pays the mortgage). BM also wants BF to pay ALL of her attorney fees (which technically he's already paid since she drained the joint checking account leaving little left for BF to pay for his own lawyer with). His lawyer said it's more likely they will rule that both parties are responsible for paying for their own lawyers.

It's kind of ironic, wracking up more lawyer fees to get lawyer fees paid...

I think he should probably review the case with a lawyer, many do free consultations.

mom2five's picture

I didn't read all the posts. But if it's a Petition (meaning she is asking the court for something), then it's standard in many places to ask for attorney's fees even if you know you'll never get them.

Not saying the court doesn't award them sometimes. But it's one of those "it never hurts to ask" type things.