support/attorney fees

[incalif]

What is the name of your state (only U.S. law)? California
After five years of separation, 4 since filing done (I am petitioner) and he's been paying support (mostly) as agreed- he has suddenly stopped paying the home mortgage, it's now in default. I am hustling to get support orders requested- and have a couple of questions. yes, the case is still open.
The documents ask if I am requesting attorney fees- although I need an attorney (long time marriage, disabled, pension involved) I can't afford one. Can I request attorney fees from the court in advance of engaging one? Is it possible any attorney would take a case based on a court ordering the spouse to pay the fees? And- would it be reasonable to request the court order, in addition to regular support, that he pay the amount needed to bring the home mortage and property taxes current? Would it help to submit copies of either emails from him telling me he would be current by the end of february- and/or copies of the loan documents showing he had been paying them all along, although usually late?
Appreciate any help.What is the name of your state (only U.S. law)?

[CourtClerk]

Originally Posted by incalif

Can I request attorney fees from the court in advance of engaging one?

No. How do you request attorneys fees if there isn't a fee? You pay out fees or you have an attorney who certifies that as of some point, the costs for their services are X amount of dollars.

Is it possible any attorney would take a case based on a court ordering the spouse to pay the fees?

Heck no. Is there a possibility that you would go to work everyday and find out that MAYBE you will be paid by a third party? Ultimately, you sign a retainer agreement with the attorney. It is YOU that is responsible for paying the attorney and getting it back from your ex. It is not a guarantee that you will ever see that money, and therefore, the attorney shouldn't get stuck holding the bill.

And- would it be reasonable to request the court order, in addition to regular support, that he pay the amount needed to bring the home mortage and property taxes current?

If you are living in the home, what part will YOU be expected to pay? If you can't afford to live in it, why isn't the house being SOLD?

Would it help to submit copies of either emails from him telling me he would be current by the end of february- and/or copies of the loan documents showing he had been paying them all along, although usually late?

Again, what part of the upkeep of the house are you paying yourself for a house you (presumably) are living in? Are you expecting him to pay for the upkeep of (presumably) 2 homes or is he still in the marital home?