Attorney fees

[no$$4us]

What is the name of your state?NC
I wanted to know how a judge may determine that I have a right to attorney fees.
My attorney is asking for attorney fees under the frivolous lawsuit laws.
I was the defendent in the custody case. My ex had not seen kids in 8 years, and he had written a letter expressing his understanding that if they did not want to see him again he would understand.
He said in his motion that I was denying him the right to see his kids and hiding from him.
In his deposition he admitted he did not have any evidence to support his case.
Neither he nor his attorney attempted to contact me ahead of time to work out any visitation issues. They also wanted to forgo mediation.
This was very expensive for me and now he has not paid his child support for over 3 months.
Please tell me what my chances are of getting some or all fees paid.

 

[VeronicaGia]

If he has court ordered visitation, his letter means absolutely nothing. You cannot deny him his court ordered visitation. And if he does have court ordered visitaiton, neither he nor his attorney need to contact you in advance to work it out with you, as the judge has already worked it out.

 

[no$$4us]

attorney fees

The custody case was heard and he lost. He still has visitation rights but his kids also are old enough to say whether they want to see him.
He hid from us for years and has had no contact for over 7-8 years.
He also claimed we were hiding and that was not true--in fact it was him who was hiding.
Now about the fees--what is the chances of me getting some of my fees.
I did not have the money for an attorney and borrowed it from family.
He is currently not paying any support--which was what I told everyone -was probably the real reason for moving the case.
Florida child support sent him a notice that the cs would be increased and at that hearing, he got an attorney to move it to NC.
Will the judge take that into consideration --that he is not paying, when awarding or not awarding fees or partial fees?

 

[Gracie3787]

What is the name of your state?NC
I wanted to know how a judge may determine that I have a right to attorney fees.
My attorney is asking for attorney fees under the frivolous lawsuit laws.
I was the defendent in the custody case. My ex had not seen kids in 8 years, and he had written a letter expressing his understanding that if they did not want to see him again he would understand.
He said in his motion that I was denying him the right to see his kids and hiding from him.
In his deposition he admitted he did not have any evidence to support his case.
Neither he nor his attorney attempted to contact me ahead of time to work out any visitation issues. They also wanted to forgo mediation.
This was very expensive for me and now he has not paid his child support for over 3 months.
Please tell me what my chances are of getting some or all fees paid.

You are very very fortunate to be able to afford an attorney. So, personally, I don't understand why you are spending so much time and energy on getting answers to questions that your attorney can answer and is taking care of.
Since the attorney is asking for his/her fees already, relax a little and let the attorney do what they are paid for.

As for ex not paying support for past 3 months, go to CSE (since case was transferred from Fl. CSE in NC has to be involved, whether they want to be or not). also notify your attorney of the non payment. If CSE won't do anything ask your attorney to file a motion for contempt.

If his non payment began right after he lost the custody case the judge may consider the non payment to be an act of revenge for losing, other than that, I believe that custody and CS issues are 2 different things.
I wish you the best.

 

[BL]

What is the basis for asking that his Petition be Judged as Frivolous ?

 

[no$$4us]

attorney fees

I think there are multiple issues.
One --I can't afford a good attorney--he took the case for a low retainer--because based on my evidence and ten years of diligent files--he had little to do. I kept info between cs and myself, I called and kept everyone up to date while he was missing, I begged for help in finding him (he as an engineer, you would think that would not have been so hard). I kept every receipt of payment and even kept letters and police reports info, case numbers etc. I also did my own investigation and found some of his addresses as well as the outstanding warrants for him in TX(only a class A misdemeaner--for abusing another girlfriend)
My attorney does not want to run up more fees since he is not sure I can afford the final bill if I can't get a reduction. He does not want to pursue contempt charges, filing fees, hearing etc. It is already near $10,000.
I have a home business that I have lost all operating capital due to paying for bills etc that my ex would normally pay for(braces---and no he does pay the medical that he is suppose to pay as well) Kids lunches,both kids have fall birthdays,food,phone,my car broke down and is sitting in shop because I can't afford to pay the repair bill,etc etc..
The frivolous--because there were no previous attempts by my ex or his attorney to work this out ahead of time.
I called my ex about 4 times in the last year to discuss medical bills. He never once called me to ask to see kids.
When I got to the point in the phone call that I wanted him to work out a payment plan,he would switch to "I want to see the Kids" My answer is fine where--the mall, the sheriff's office etc. His reply "I need your home address" I said no and then he said he would call FBI and report me for kidnapping. Not a real rational guy.
I apply for increase, He moves the case and claims I am denying him.
I hope this explains this a bit more.

 

[BL]

The frivolous--because there were no previous attempts by my ex or his attorney to work this out ahead of time. [ quote ]

As someone already pointed out, he don't have to work anything out. He can demand his visitation rights as the Existed in the Order. Until an Order is modified the Orders Stand and must be followed.

Only a Judge can determine if the Petition was Frivolous or not, and from you post I assume your Attorney already submitted a motion with respect to it . You'll just have to wait and see.

If the orders still stand for visitations, they must be allowed .