Legal Question in Family Law in California
Appealing paying her attorney
I just had a hearing for custody I still remain the
custodian of my children but the judge awarded her
attorney half of her legal bills for me to pay. Can I
appeal this action? what happens if I don't pay? I
can't afford this and I think it's wrong. My attorney
says it's really fair i'm lucky it wasn't all of his
1 Answer from Attorneys
Re: Appealing paying her attorney
Refusal to pay court ordered attorney fees can be contempt of court. A person found in contempt of court can be sentenced to 5 days in county jail for each offense and/or $1,500 fine.
The court has the power to order either party to pay the attorney fees of the other party. The decision of the court is based on number of factors including, ability to pay, conduct of the parties etc.
The possibility of being successful on appeal is very slim. You would have to show that the judge abused his or her discretion. That is extremely difficult to do. Essentially you must show that no reasonable judge could make that decision.
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