Basis for Interrim Attorney Fees in Non-married parentage?

Previous | Next
 rated by 0 users
Latest post Fri, Dec 23 2016 10:37 AM by Freedom2013. 8 replies.
  • Wed, Dec 21 2016 9:31 AM

    Basis for Interrim Attorney Fees in Non-married parentage?

    I was never married.  Child support was ordered in 1999, daughters are now well over 18.  Some financial matters are in dispute presently (regarding alleged arrearage, college contribution, contribution to medical/extracurriculars) that have been pending for some time. 

    Does my ex have a basis for asking for contribution to her attorney fees (interrim/prospective) if we were never married?  A lawyer had suggested this is different for married vs. unmarried couples.

    Also I am PRO SE .  Is there is no "level the playing field" argument then?.

    Is not having an attorney a choice and not a right?  I understand I can be held responsible for attorney fees if I am found to have been  in contempt of an order, but if she claims she cannot pay for an attorney claiming inability to work (due to some alleged and unproven head injury---she has a history of fraudulent claims, including medical), is there a legal basis for her getting me to fund her attorneys.

    Thank you in advance.

  • Wed, Dec 21 2016 11:15 AM In reply to

    Re: Basis for Interrim Attorney Fees in Non-married parentage?

    Freedom2013:
    Does my ex have a basis for asking for contribution to her attorney fees (interrim/prospective) if we were never married?

    I would assume so, but I don't practice in IN, and, as far as I know, no IN lawyers post here regularly.

     

    Freedom2013:
    A lawyer had suggested this is different for married vs. unmarried couples.

    Apparently not YOUR lawyer.  Did the lawyer cite any statute or case law to back this up?

     

    Freedom2013:
    Also I am PRO SE .  Is there is no "level the playing field" argument then?

    I don't understand the question.

     

    Freedom2013:
    Is not having an attorney a choice and not a right?

    As phrased, the answer is both.  "[N]ot having an attorney" is a choice.  It's also a right (i.e., you have a right not to have an attorney).  That said, it is not a valid defense to an opponent's request for reimbursement of legal fees that the opponent had the option of not hiring an attorney.

  • Wed, Dec 21 2016 11:34 AM In reply to

    Re: Basis for Interrim Attorney Fees in Non-married parentage?

    This is an Illinois case.  I'm in the Daley center.

    I'm pro se.  The lawyer who said the interrim petition was legally unsound is a well known appellate attorney who I did a consultation with.  I don't recall any specific case law cited.  Thought maybe someone here would know.

    Regarding "level playing field", the argument that i should pay for her attorney fees so that she is equally represented as I, precluding me from "over litigating" her  with high power attorneys into an unfair settlement is what I am referring to.  Being that I am pro se, i don't see how this argument applies, and is often the basis of an argument for contribution to fees while litigation is proceeding.

  • Wed, Dec 21 2016 2:02 PM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on Thu, Mar 30 2000
    • PA
    • Posts 51,404

    Re: Basis for Interrim Attorney Fees in Non-married parentage?

    I see your point..but unless you can find case law on point in that jurisdiction...I'd not count on it...the flip side would be to argue that your view inhibits EX from getting  adaquate counsel for interim .

    Any time you  go up against a pro on his or her playing field you run a very big risk of being skinned alive even if you are right . 

     I have read in other forums that some of the ongoing legal fees can sometimes be more than the underlying issues ....pro  se may be a bad poker hand. 

     

     

     



  • Wed, Dec 21 2016 2:07 PM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on Thu, Mar 30 2000
    • PA
    • Posts 51,404

    Re: Basis for Interrim Attorney Fees in Non-married parentage?

    PS?...why not ask her for your costs interim..and use counsel ? 



  • Wed, Dec 21 2016 4:44 PM In reply to

    Re: Basis for Interrim Attorney Fees in Non-married parentage?

    I absolutely cannot answer your questions.  All I can do is ask, why is your ex not taking advantage of the low-cost services of the state's child-support enforcement infrastructure?  Possibly YOU could actually sign up for their services, though they certainly seem to expect that custodial rather than noncustodial parents will do so.  I have no idea whether it would be a good idea for you to try to sign up.  On the one hand, very little of your or your ex's money should be squandered on attorneys' fees if they handle things.  On the other hand, their reason for existence is to COLLECT from the noncustodial parents, so they may have a bias in an unfavorable direction for you.

    Maybe you could call them and ask some questions, such as whether they would even take your case (possible reasons not would be that you are the wrong parent and that you are coming to them very late in the game), and whether their doing so would protect you from having to pay a dime of your ex's attorney fees (since SHE could have signed up with them for $25 plus $55/year).

  • Thu, Dec 22 2016 8:47 PM In reply to

    Re: Basis for Interrim Attorney Fees in Non-married parentage?

    "Some of the ongoing legal fees can sometimes be more than the undrelying issues."  EXACTLY the case here.  Her last atttorney drummed up 30k in legal fees (the 4th firm she's hired) in one year alone.  My experience in this system regarding fees vs. benefit has been absolutely horrendous.   You might ask, why litigate then?  Quite simply, if you are accused of owing 50k or whatever, and do not, you have to defend.  You have to answer.  You have to litigate.  And the "risk of being skinned alive"---the question is will the amount you spend offset the difference between what you would have lost or gained unrepresented.

  • Fri, Dec 23 2016 10:34 AM In reply to

    Re: Basis for Interrim Attorney Fees in Non-married parentage?

    She claims she is not working and cannot.  No way a judge will award fees to fund my case.

  • Fri, Dec 23 2016 10:37 AM In reply to

    Re: Basis for Interrim Attorney Fees in Non-married parentage?

    We are in the system----with DHFS Child Support enforcement.  Because I have an appeal and pending litigation, they are awaiting an adjudication of the issues (child support modification) for a summary financial judgment to enforce.

Page 1 of 1 (9 items) | RSS

My Community

Community Membership New Users: Search Community