attorney fees

[fishermanSTEVE]

What is the name of your state (only U.S. law)? California

So, on the OSC paperwork, there is a box that you can check if you want to ask for the other party to pay your attorney fees. I understand that usually it is up to both parties to pay for their own attorney, but I was wondering what circumstances would bring one to ask that the other party pay for your attorney fees and actually get it granted.

My ex seems to bring me to family court more often than necessary. She usually comes with false accusations, attempts at emergency custody, sole custody, supervised visits, full custody investigations, etc etc . (as a side note, her accusations are always unfounded, and her crazy emergency custody/supervised visitations requests are quickly denied, it wastes everyone's time and my money just to fight to keep what I already have). I have maintained primary custody through the last 3 court battles (over 4 years).

Now she is taking me back to court again for things that are relatively minor, but they are things I would rather not give up. Plus, there are a few things that aren't working that I would like to see changed.

She is pro se. She knows I pay a lot for my attorney, and I feel that she may be doing this just to get me to spend money. Who knows, but at any rate, since she is pro se, and has her court fees waived, she isn't losing money here, while I have to pay a lot for my attorney. Honestly, I don't think I can pull off being pro se myself.

So, my lawyer says he will ask for her to pay fees but says he doubts it will happen, and if it is ordered, that she probably wouldn't pay it anyway.

So, what do you guys think about it?

 

[Hisbabygirl77]

What is the name of your state (only U.S. law)? California

So, on the OSC paperwork, there is a box that you can check if you want to ask for the other party to pay your attorney fees. I understand that usually it is up to both parties to pay for their own attorney, but I was wondering what circumstances would bring one to ask that the other party pay for your attorney fees and actually get it granted.

My ex seems to bring me to family court more often than necessary. She usually comes with false accusations, attempts at emergency custody, sole custody, supervised visits, full custody investigations, etc etc . (as a side note, her accusations are always unfounded, and her crazy emergency custody/supervised visitations requests are quickly denied, it wastes everyone's time and my money just to fight to keep what I already have). I have maintained primary custody through the last 3 court battles (over 4 years).

Now she is taking me back to court again for things that are relatively minor, but they are things I would rather not give up. Plus, there are a few things that aren't working that I would like to see changed.

She is pro se. She knows I pay a lot for my attorney, and I feel that she may be doing this just to get me to spend money. Who knows, but at any rate, since she is pro se, and has her court fees waived, she isn't losing money here, while I have to pay a lot for my attorney. Honestly, I don't think I can pull off being pro se myself.

So, my lawyer says he will ask for her to pay fees but says he doubts it will happen, and if it is ordered, that she probably wouldn't pay it anyway.

So, what do you guys think about it?

Check the pretty box whats the worst that can happen? You could be left to pay for your own attorney fees well you are already doing that. So there is no harm in trying. Check Check Checking away.

 

[LdiJ]

Check the pretty box whats the worst that can happen? You could be left to pay for your own attorney fees well you are already doing that. So there is no harm in trying. Check Check Checking away.

It depends on what they are going to court for this time. He has stated that she has filed frivolous motions in the past, but if this particular trip to court isn't frivolous, then it might do a little harm to try.

The best time to ask for attorney fees is in a situation where its clearly frivolous. That hits the other party hard, where it hurts, and makes them think twice about filing anything else.

If you try and fail, it tends to embolden them to keep going.