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Question about Legal Fees

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polkadotted

Junior Member
What is the name of your state (only U.S. law)? Michigan (interstate child support case with Texas)

In some child support cases I know that sometimes the noncustodial parent is ordered to pay for the legal fees that the custodial parent incurred when they hired an attorney. Can you please help me understand when or for which type of situations this is true?

I filed for child support 7 months ago, but they have not even served the other party yet (despite having his address, phone number, employment information, license plate info, his parent's address and phone number). I'd like to hire an attorney in order to try to speed this process up as much as possible as I could definitely use the financial help, but I am unable to afford the $100-500 an hour that an attorney would charge to help get an order established (and if he decides to evade payments after the court order, I'll not have the child support OR the money I spent hiring an attorney...that would devastate me financially).

Thank you in advance for reading my post and for any advice.
 


Ladyback1

Senior Member
What is the name of your state (only U.S. law)? Michigan (interstate child support case with Texas)



I filed for child support 7 months ago, but they have not even served the other party yet (despite having his address, phone number, employment information, license plate info, his parent's address and phone number.
Who is "they"?
 

stealth2

Under the Radar Member
Not in MI or TX, but when I was awarded legal fees it was only for a portion of them and based on the other party's delaying tactics. I wouldn't expect to get all of yoru legal fees ordered. And you will have to likely pay your lawyer up front, then be reimbursed.
 

gam

Senior Member
What is the name of your state (only U.S. law)? Michigan (interstate child support case with Texas)

In some child support cases I know that sometimes the noncustodial parent is ordered to pay for the legal fees that the custodial parent incurred when they hired an attorney. Can you please help me understand when or for which type of situations this is true?

I filed for child support 7 months ago, but they have not even served the other party yet (despite having his address, phone number, employment information, license plate info, his parent's address and phone number). I'd like to hire an attorney in order to try to speed this process up as much as possible as I could definitely use the financial help, but I am unable to afford the $100-500 an hour that an attorney would charge to help get an order established (and if he decides to evade payments after the court order, I'll not have the child support OR the money I spent hiring an attorney...that would devastate me financially).

Thank you in advance for reading my post and for any advice.
Which state did you file this in? Which state are you in now?

Most county's in Mi require the party filing to serve the other party. Normal procedure is through regular mail. Some county's do require registered mail or a process server, but again this is done by the party filing, not by the court.

Not common practice in the Mi courts I am familiar with for a Judge to order the other party to pay attorney fees, unless your taking about a divorce or if the other party is using stall tactics. If he decides to evade payments after a court order is in place, there are enforcements that FOC can do to get the child support. FOC is free and many county's have real good FOC offices, they do things automatically. You can also file yourself for show causes for just the filing fees and FOC still can be involved, a lawyer is not needed to enforce child support orders.

Who did you file actually file through? Was it FOC, the Circuit Court or through the Prosecutor's Office?
 

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