Reimbursement of Legal Expenses

[r35d70h]

What is the name of your state? FL

I would like to know if any potential defenses to suit for reimbursement of legal expenses connected to a child support case.

The custodial parent is suing me for all of her legal expenses connected with her efforts to secure child support, income deduction orders and all legal expenses related to child support against me.

My contention is that the custodial parent has been unemployed for over a year (since beginning of case) and her father has paid all her legal expenses. In which case, I would like to think that she never really incurred the expenses (shouldn't it be considered a gift?) for which she is now seeking reimbursement but I don't know if that is a valid defense.

Please advise.

 

[Zephyr]

if she has to get a lawyer in order to make you pay court order child support then she may very well have a case for you to reimburse her legal fees- it doesn't matter who is paying them

 

[Gracie3787]

What is the name of your state? FL

I would like to know if any potential defenses to suit for reimbursement of legal expenses connected to a child support case.

The custodial parent is suing me for all of her legal expenses connected with her efforts to secure child support, income deduction orders and all legal expenses related to child support against me.

My contention is that the custodial parent has been unemployed for over a year (since beginning of case) and her father has paid all her legal expenses. In which case, I would like to think that she never really incurred the expenses (shouldn't it be considered a gift?) for which she is now seeking reimbursement but I don't know if that is a valid defense.

Please advise.

Both parties have the legal right to ask that the other party pay for legal expenses. If this is not a divorce case, and only a CS case, quite often the court will simply order that each party pay thier own costs, and split the filing fees down the middle.
Alot of it will depend on who is the person who filed, you or her. Another is that she does not have to use an attorney- IF this is a case to establish paternity and CS, she could have gone to the Dept. of Revenue CS enforcement agency for no cost help. If you have an attorney, ask your attorney about what the possible defenses are, because there are quite a few, depending on the circumstances.

 

[nicetryadmin]

What is the name of your state? FL

I would like to know if any potential defenses to suit for reimbursement of legal expenses connected to a child support case.

The custodial parent is suing me for all of her legal expenses connected with her efforts to secure child support, income deduction orders and all legal expenses related to child support against me.

My contention is that the custodial parent has been unemployed for over a year (since beginning of case) and her father has paid all her legal expenses. In which case, I would like to think that she never really incurred the expenses (shouldn't it be considered a gift?) for which she is now seeking reimbursement but I don't know if that is a valid defense.

Please advise.

Her chances are slim if this is to establish an order. Usually courts do not award those costs and expect each party to soak up their own (at least in the establishment of the order, it was HER choice to seek legal counsel).

Now, if she was taking you to court for a contempt motion, then you could be found responsible. You should check state statutes to see if there is language that addresses this. I would venture to guess there is.

 

[stealth2]

It depends on all the facts involved. When I filed for a modification, my ex dragged it out for almost 2 years - including several ESPs (not mediation, but kinda-sorta) and numerous court appearances where he'd fail to show up, or "forget" to bring the requested paperwork, etc. It was a situation that could - and should - have been dealt with rather quickly and reasonably. As a result, I ended up shelling out close to $20k on legal fees - which the judge held him responsible for as it was his fault it was such a protracted situation.

That her parents are fronting the money is moot.

 

[nicetryadmin]

It depends on all the facts involved. When I filed for a modification, my ex dragged it out for almost 2 years - including several ESPs (not mediation, but kinda-sorta) and numerous court appearances where he'd fail to show up, or "forget" to bring the requested paperwork, etc. It was a situation that could - and should - have been dealt with rather quickly and reasonably. As a result, I ended up shelling out close to $20k on legal fees - which the judge held him responsible for as it was his fault it was such a protracted situation.

Hell, I'd file to be reimbursed too!
bth

 

[MrsK]

Its hard to say but the judge is likely to have each party pay their own legal expenses. I've been through a court battle as has my husband (with our ex's) and both times, each party was ordered to pay their own legal expenses.