Question

[fedupinIL]

What is the name of your state? IL

To make a long story short, my husband filed an appeal addressing a bunch of issues that has happened in court in the recent years. His ex lied about numerous things and got away with it and when it was brought up to the judge, he turned the other cheek and blew it off. His ex's attorney filed a motion for my husband to pay for her attorney fees to defend her during the appeal process, claiming it would cost roughly $25K. My husband's attorney filed a response and a financial affadavit showing all of our financials and showing that we are in the hole over $2K every month and that each party should be responsible for their own attorney fees. Knowing this and seeing this, the judge still ordered my husband to pay $12K in 21 days for his ex's attorney fees. Well, we don't have it! Never have and never will! We are behind so much on our bills including the mortgage! We make sure his child support of over $1500/mo and everything else that goes along with it is paid on time. He does everything he is supposed to do when it comes to that. So, since he didn't pay $12K within 21 days, they are taking him back to court next week for a contempt hearing seeing imprisonment. If he goes to jail he will lose his job and we will lose everything! I don't see how this is fair at all. It seems like my husband can't go forward with his right to an appeal because he can't afford to pay his ex's attorney fees.

I guess my question is has anyone ever been through a similar circumstance? Does anyone know if this is fair and standard practice in our judicial system? I don't know what to do and I need some type of input and/or advice!

Thanks

 

[LdiJ]

What is the name of your state? IL

To make a long story short, my husband filed an appeal addressing a bunch of issues that has happened in court in the recent years. His ex lied about numerous things and got away with it and when it was brought up to the judge, he turned the other cheek and blew it off. His ex's attorney filed a motion for my husband to pay for her attorney fees to defend her during the appeal process, claiming it would cost roughly $25K. My husband's attorney filed a response and a financial affadavit showing all of our financials and showing that we are in the hole over $2K every month and that each party should be responsible for their own attorney fees. Knowing this and seeing this, the judge still ordered my husband to pay $12K in 21 days for his ex's attorney fees. Well, we don't have it! Never have and never will! We are behind so much on our bills including the mortgage! We make sure his child support of over $1500/mo and everything else that goes along with it is paid on time. He does everything he is supposed to do when it comes to that. So, since he didn't pay $12K within 21 days, they are taking him back to court next week for a contempt hearing seeing imprisonment. If he goes to jail he will lose his job and we will lose everything! I don't see how this is fair at all. It seems like my husband can't go forward with his right to an appeal because he can't afford to pay his ex's attorney fees.

I guess my question is has anyone ever been through a similar circumstance? Does anyone know if this is fair and standard practice in our judicial system? I don't know what to do and I need some type of input and/or advice!

Thanks

He also needs to appeal the order to pay her legal fees.

 

[Zephyr]

and get yall's finances fixed......

 

[fedupinIL]

and get yall's finances fixed......

Lol! Trust me, I know that! We had an unexpected emergency in November and are trying to play catch up.

 

[Ronin]

It is possible in family law cases for a judge to do this.

Opposing counsel most likely overstated the costs of defending an appeal, and is coming on aggressively to force you to back off. Knowing your financial situation, the judge has now forced you into a position of not being able to pursue an appeal in this case.

You are now on the receiving end of some very effective appeal busting tactics. Ethical considerations aside, it is legal.

If your husband were to win his appeal, the judges ruling on his paying the other attorney's fees would likely be reversed.

my husband filed an appeal addressing a bunch of issues that has happened in court in the recent years

This statement raises concerns on whether or not you really understand what an appeal is all about and what you are trying to achieve here. While you may have valid complaints, they may not be appropriate to address at this point in an appeals court.

The odds of prevailing on appeal are slim, and being right does not guarantee winning either. Suffice it to say many appellate judges are cut from the same mold your judge is. Appeals filed by your friendly family law attorney are probably guaranteed to lose, as these types of appeals generally require an appellate specialist who is knowlegeable in family law.

So unless you have a lot of time and money to waste or a rock solid case, consider dropping the appeal. This should avoid the need to pay the $12K you now owe.