Agreement language

[imaconfused1]

What is the name of your state (only U.S. law)? Florida
In layman's terms, please explain: ATTORNEY FEES, EXPERT WITNESS FEES AND COSTS OF LITIGATION - We agree to be responsible for the payment of our own attorney fees, expert witness fees, and costs associated with this dissolution of marriage except for any and all payments made prior to the signing of this AgreementWhat is the name of your state (only U.S. law)?

 

[Proserpina]

What is the name of your state (only U.S. law)? Florida
In layman's terms, please explain: ATTORNEY FEES, EXPERT WITNESS FEES AND COSTS OF LITIGATION - We agree to be responsible for the payment of our own attorney fees, expert witness fees, and costs associated with this dissolution of marriage except for any and all payments made prior to the signing of this AgreementWhat is the name of your state (only U.S. law)?

Each party will be responsible for paying for their own costs and fees.

Person A hires an attorney and an expert witness. Person A pays those bills.

Person B does not pay Person A's bills.

 

[imaconfused1]

Yes, but what about 5 years later when one of the parties has filed for an increase in child support. Does that mean the other other party (who was ordered to pay ALL fees/costs during the divorce) would be required to pay ALL fees/costs for BOTH parties again?

 

[Proserpina]

Yes, but what about 5 years later when one of the parties has filed for an increase in child support. Does that mean the other other party (who was ordered to pay ALL fees/costs during the divorce) would be required to pay ALL fees/costs for BOTH parties again?

No, it means that you're both responsible for your OWN legal fees.

 

[imaconfused1]

I need to explain the situation in more detail:

I was divorced 5 years ago, ordered to pay child support, alimony, her attorney fees, etc.

My ex is now suing me for more, more, more.

The original agreement has the language I described and we agreed to, but, my exes attorney is demanding that I pay her current fees. I say that this language states that AFTER the final signing of our divorce decree, I will no longer be required to pay HER attorney fees. However, MY attorney is telling me that this language is NOT saying that and that I should pay her fees.

 

[imaconfused1]

Sorry, I was writing my last post when you responded.

Why would my attorney advise me to pay it?? I even showed him that paragraph because I thought it meant I didn't have to pay it, and he said, "No, that's not what it means."

He had me send her attorney a check $10,000!

 

[LdiJ]

Sorry, I was writing my last post when you responded.

Why would my attorney advise me to pay it?? I even showed him that paragraph because I thought it meant I didn't have to pay it, and he said, "No, that's not what it means."

He had me send her attorney a check $10,000!

Did you ask your attorney then what it did specifically mean?

To me, its plain language states that you each pay your own attorneys, except for any payments made prior to the agreement. I cannot see it being interpreted that you are required to pay her attorney on an ongoing basis...particularly 5 years later.

However, the damage is already done, since you have already made the payment.

 

[imaconfused1]

I am beginning to think my attorney is working for her, too!

 

[Ohiogal]

So did this court order you to pay her fees at THIS POINT? Are you in contempt?

 

[imaconfused1]

Nooo...not a court order. My attorney told me to pay it and I did. I always pay everything.

 

[mistoffolees]

Nooo...not a court order. My attorney told me to pay it and I did. I always pay everything.

Then ask your attorney why he had you pay it.

The original order has absolutely nothing to do with the attorney's fees when she asked for more support. It addresses costs related to the dissolution of the marriage - which was accomplished 5 years ago.

Now she goes back for a child support modification (which is entirely her right, particularly if circumstances have changed). That's an entirely new agreement and each of you are responsible for your own attorney's fees - unless the court decides otherwise.

Now, it's possible that the attorney felt that by paying the fees you would save yourself a larger amount of money on other issues - but that should have been explained to you.

Either you've left something out of the explanation or the attorney's advice is off base.