Legal Question in Family Law in Florida

How would a judge view a case where the non-custodial parent claims to not have funds to pay court ordered medical expenses, but spent thousands in legal fees to fight paying those expenses? We are currently in contempt hearings so the non-custodial parent's inability to pay was raised as a defense.


Asked on 10/18/10, 4:02 pm

1 Answer from Attorneys
WENDY HAUSMANN LAW OFFICES OF WENDY A. HAUSMANN

It may depend on from where the "thousands" which have been spent in legal fees have come. If the "thousands" came from say, for instance, a loan, then an inability to pay may still be claimed re: the medical expenses. Otherwise, it should certainly be argued that wherever the money came from to pay for the legal fees, the same source should be considered when evaluating the parent's "ability to pay".

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Answered on 10/26/10, 5:08 pm


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