Legal Fees Hearing used to contest ruling?

[KTRMom]

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

Hello, my ex and I recently went to court because he decided he no longer agreed with the court order for custody/visitation of our child. The judge told my lawyer to be sure to file for legal fees. Now my ex has filed and stated that a hearing should be held because he can show that he should not have to pay my legal fees, furthermore that he can prove that he had evidence (deemed inadmissible by the judge during trial) that can validate his motion.

Can he request a hearing for the attorney fees issue? I am also wondering if he can use a hearing to contest paying my attorney fees to have the court re-rule on his original motion (he is asking that his original motion now be granted as he has solid evidence to support his original motion) ? I spent all the money I had on this last trip through court and it hasn't even been 2 months since the ruling. I really don't want to end up going through the exact same thing again. Thank you for any advice.

 

[liandrajade]

Sounds like he is trying to get his original case re-heard by making this attempt.

A few questions:

1-When was the final order signed and dated by the judge?

2-What does your state give as the timeframe in which a person may file an appeal? It looks liek 30 days from what I was able to see but your attorney can better tell you.

3-Do you have the transcripts from court that say that the evidence he tried to enter into evidence were dismissed?

4-What exactly was filed? An appeal, a motion to re-consider etc?

I would file an immediate motion to dismiss and summary judgement based on lack of evidence{since his supposed "evidence" was already dismissed} and a ruling awarding you legal fees incurred due to this frivolous suit.

 

[KTRMom]

Thanks for your response.

1-When was the final order signed and dated by the judge? Court was June 1st, order signed July 1st. The order explained to my ex why he would not be able to change the parenting plan put into effect 3 years ago.

2-What does your state give as the time frame in which a person may file an appeal? It looks like 30 days from what I was able to see but your attorney can better tell you. I believe my attorney stated 60 days for an appeal, but he is not appealing, he has filed a motion to object my motion requesting he pay my attorney fees.

3-Do you have the transcripts from court that say that the evidence he tried to enter into evidence were dismissed? No. He pulled out several folders of internet printouts of studies and other 'evidence', my lawyer objected and the judge told him none of it was admissible as prepared.

4-What exactly was filed? An appeal, a motion to re-consider etc? An objection to my request for attorney fees.

Basically he has drug/alcohol problems and was ordered by the court to attend a specific series of rehab/counseling programs in order to receive unsupervised visitation with our child. Instead he sought 'alternative' treatment from a program without prior approval of the court. Basically at the hearing he tried to convince the court that the program he completed was an acceptable substitute for the ones ordered by the court. The judge was not happy that he decided not to follow the court order. In his objection to the request for attorney fees he states that He can prove that his alternative program is an acceptable alternative to the one ordered to the court, that he was justified in bringing his motion to modify the parenting plan and that even now he believes that the court ordered should be modified. He does not believed he should be 'punished' by having to pay my attorney fees and to be ordered to do so infringes on his constitutional right as a parent to be heard in court, will cause him substantial financial harm (legal fees are $8,000+) and will keep him from lawfully asserting his parental rights. He also requests that a hearing be held on the issue before the court rules on the matter of attorney fees.

Basically he is trying to use his 'proof' to show the court he was justified in bringing his motion. I believe he thinks that if the court decides that he had sufficient evidence and reasoning to bring his original motion then they will re-rule on changing the parenting plan. Is that something that could happen or is he just grasping at straws?

 

[LdiJ]

Thanks for your response.

1-When was the final order signed and dated by the judge? Court was June 1st, order signed July 1st. The order explained to my ex why he would not be able to change the parenting plan put into effect 3 years ago.

2-What does your state give as the time frame in which a person may file an appeal? It looks like 30 days from what I was able to see but your attorney can better tell you. I believe my attorney stated 60 days for an appeal, but he is not appealing, he has filed a motion to object my motion requesting he pay my attorney fees.

3-Do you have the transcripts from court that say that the evidence he tried to enter into evidence were dismissed? No. He pulled out several folders of internet printouts of studies and other 'evidence', my lawyer objected and the judge told him none of it was admissible as prepared.

4-What exactly was filed? An appeal, a motion to re-consider etc? An objection to my request for attorney fees.

Basically he has drug/alcohol problems and was ordered by the court to attend a specific series of rehab/counseling programs in order to receive unsupervised visitation with our child. Instead he sought 'alternative' treatment from a program without prior approval of the court. Basically at the hearing he tried to convince the court that the program he completed was an acceptable substitute for the ones ordered by the court. The judge was not happy that he decided not to follow the court order. In his objection to the request for attorney fees he states that He can prove that his alternative program is an acceptable alternative to the one ordered to the court, that he was justified in bringing his motion to modify the parenting plan and that even now he believes that the court ordered should be modified. He does not believed he should be 'punished' by having to pay my attorney fees and to be ordered to do so infringes on his constitutional right as a parent to be heard in court, will cause him substantial financial harm (legal fees are $8,000+) and will keep him from lawfully asserting his parental rights. He also requests that a hearing be held on the issue before the court rules on the matter of attorney fees.

Basically he is trying to use his 'proof' to show the court he was justified in bringing his motion. I believe he thinks that if the court decides that he had sufficient evidence and reasoning to bring his original motion then they will re-rule on changing the parenting plan. Is that something that could happen or is he just grasping at straws?

He really didn't go about it the right way, but sometimes judges will bend the rules a little bit for pro se litigants. However, I think he is grasping at straws to think that the judge will change his mind about the alternative program.

 

[KTRMom]

Ok, so I just checked my mail and apparently there are other issues as well.

In the original CO, it is stated that my ex had used several drugs and states the nature of his use. When we were recently in court he attested that the original CO falsely listed his issues and he only signed it under duress. Thus the basis for him not following rehab/therapy as ordered, because he didn't really have those issues. Apparently he has now subjected himself to the CO therapist but only to state that he never had the issues listed in the original CO.

Can he now state that he only signed the original CO under duress? Basically he is dead set on doing things his way, he believes he is in the right and instead of complying with our current court order he is h*ll bent on proving the court wrong and that he should be recognized as a fit parent. In the meantime, he's missed out on years of his child's life just to prove a point.

 

[gr8rn]

It sounds to me like this will go nowhere. And he is likely to pi$$ the judge off more. In fact it sounds like the judge was already a little pi$$ed at him and this is likely going to just dig the hole bigger. Don't sweat it.

 

[mistoffolees]

Ok, so I just checked my mail and apparently there are other issues as well.

In the original CO, it is stated that my ex had used several drugs and states the nature of his use. When we were recently in court he attested that the original CO falsely listed his issues and he only signed it under duress. Thus the basis for him not following rehab/therapy as ordered, because he didn't really have those issues. Apparently he has now subjected himself to the CO therapist but only to state that he never had the issues listed in the original CO.

Can he now state that he only signed the original CO under duress? Basically he is dead set on doing things his way, he believes he is in the right and instead of complying with our current court order he is h*ll bent on proving the court wrong and that he should be recognized as a fit parent. In the meantime, he's missed out on years of his child's life just to prove a point.

You're going to drive yourself nuts if you react to every little thing your ex tries. He can try all sorts of crazy things, but that doesn't mean they'll get anywhere.

Let your attorney handle it. Each time he makes a crazy request, your attorney asks the court to order him to pay your legal expenses - and, given that you got it the first time, it will probably be granted each time.

Eventually, people give up.