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  1. #1
    dez Guest

    sue for legal fees

    What is the name of your state? Wisconsin

    My daughter's father takes me to court for custody pretty much on a regular basis. Over the past 10 years I have spent over $35,000 in legal fees.

    The last few time he took me to court (a week ago) was because he did not like the new school schedule (for Jr. High) because he didn't have as many visitation days. The number of days actually didn't change...it was ridiculous...the comissioner counted out the days there in court proving that he either couldn't count or was trying to say anything to get custody.

    The court comissioner basically said that was not a "significant change in circumstance" and ruled that there would be no trial.

    This still cost me a couple thousand dollars for my lawyer.

    Two years before this he took me to court because he didn't like the elementry school schedule. He said that I lied about what the scedule would be and he called the school to try and change it. Right in court I called the school and exposed him as pretty much being psycho...long story but I guess what I am trying to say is that he just won't stop.

    Everytime we go to court it costs me a lot of money and his complaints are pretty frivolous. I asked my lawyer about requesting him to pay my legal bills. My lawyer seems to avoid the question.

    I think my lawyer is pretty happy getting a regular check from me and doens't want to rely on my daughter's dad as he is notorious for not paying his lawyers.

    Do I have a ligitimate reason to seek money? How do I sue someone for legal fees? Should I get another lawyer, or can I do this myself?
  2. #2
    dez Guest

    Is this a stupid question?

    No one has an answer? Is this a stupid question? I have heard of judgements where one parent pays the legal fees of the other...did I hear wrong?
  3. #3
    theother Guest
    I'm bumping you in case someone knows.

    In regards to your last post, generally you may want to give it more than 36 minutes before getting impatient with no answers. Of course, now it's been several hours, but still. I don't think it's a stupid question. Maybe no one who has been on today knows.
  4. #4
    haiku is offline Senior Member
    Join Date
    Jan 2001
    Posts
    5,414
    well I don't know if it helps your particular case but,

    the last time my husband landed in court, he requested that it be added to his paperwork that if a party brings a motion, whether for contempt or a raise or reduction etc.. that they pay the court fees if they lose.

    the request was granted.

    have not been back to court since.
    "It is easier to build strong children than repair broken men." Frederick Douglas
  5. #5
    dez Guest
    What state are (were) you in? Does anyone know if this is "standard" or normal in most states?
  6. #6
    MammaBear76 Guest
    My ex had a really moronic attorney. . but he even volunteered the information that since I will now have to travel to Illinois to go to court(I left Illinois) that his client(my ex) would not only be responsible for legal fees. . but travel expense as well!
  7. #7
    dez Guest
    LOL...sounds like you ex's lawyer was over confident...probably convinced your ex that not only would he win, but you'd have o pay his legal fees...

    Thanks for your response...I'm going to be talking to my lawyer within the next couple of days so I'll bring this up again.
  8. #8
    JoandJa'smom Guest
    If you are telling your lawyer that you want to sue your ex for legal fees and your lawyer blows you off then I think you need to consider getting another lawyer!

    JoandJa'smom
  9. #9
    voodoochild524 Guest
    I agree.
    If your lawyer keeps blowing you off onthat issue, I'd either confront him on the issue with or without an ultimatum, (Example: tell him that either he works w/you on this, or you'll find another lawyer), or just find another lawyer.

    I would definately do that though, it sounds to me like your husband will do anything to take you to court. Maybe by doing this he'll think twice about it.

    Good luck.
  10. #10
    VeronicaGia is offline Senior Member
    Join Date
    Aug 2001
    Location
    Michigan
    Posts
    6,318
    I believe you should have asked for legal fees at the time the case was heard. To go back now likely won't work. However, in the future, ask for legal fees, whether your attorney likes it or not. Or get a new attorney.
  11. #11
    MAMcCandless Guest
    As you're in there on a regular basis you need to put it in Parenting Plan that matters go to Mediation before court, you don't need a lawyer, it's usually based on a sliding scale, etc. My husbands ex unfortunately is a moron, it makes dealing with her extremely difficult cos sometimes you cannot make words any smaller Anyway... she insists that everything go to Mediation now, similar situation, including Child Support, if the process is frivolous, without merit, costs I believe can be awarded? As someone else stated though your lawyer knows you will pay... hence the hesitation. he has a professional duty to represent you which unfortunately conflicts with his monetary interests...

    You can go it alone in court, it's not brain surgery, you know in these cases that your ex is wrong, you have the evidence. Judges are although I may be a little presumptious, smart people, they read filings and statements and a school calender is not negotiable, really? Is he representing himself? How can someone afford to be so trivial?

    Good luck
  12. #12
    stealth2 is offline Senior Member
    Join Date
    May 2002
    Posts
    44,320
    When I was last in court with my ex, we had legal fees awarded. However - this does NOT necessarily mean that you don't have to pay yourself. I paid my attorney for her time, and then she files a certification with the court detailing the fees which are due from him. Then he pays her and either it applies to any further balance I have, goes into my account with her for future work, or she cuts me a check. But it doesn't necessarily mean she waits for him to pay her.

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