Legal Question in Appeals and Writs in California

i was going through a child custody process and now the judge wants me to pay the attorneys fees for the opposing party i went to court to fight this but the judge did not let me talk and went on with his decision i was already living paycheck to paycheck and now i wont be able to live i have an other court date on the 15th of this december what can i do if the judge reacts the same way?


Asked on 12/06/10, 11:41 am

1 Answer from Attorneys
Herb Fox Law Office of Herb Fox

Family law attorney fees awards can be issued for one of two reasons or both: a disparity in income between the parties, or as sanctions for bad behavior in the litigation. It is not clear from your post on which of these grounds the court awarded the fees. In any event, however, it is improper to issue an award without finding that you have the ability to pay. If you properly demonstrated to the judge that you cannot pay, the award could be reversible on appeal. If the time for appealing has lapsed, you could simply not pay and defend against any contempt proceeding on the grounds of actual inability to comply.

As for the upcoming hearing, the worst thing is to not attend at all. You need to show up - hopefully with legal counsel - and deal with it.

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Answered on 12/11/10, 2:19 pm


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