Legal Question in Family Law in California

attorney fees

I have been in court since June of 2004 due to a possible child abuse and neglect against my ex husband. I decided to take him to court to protect our 5 year old who had confessed to me that his father had hit him and punched him. My son was in my custody from June up until this year after going through therapy. I initially had an attorney who I later dropped because I couldn't afford her services any longer. The defendant also hired his own attorney and kept him to this day. Now, I am having to deal with his attorney's fees. I know the court decides if I should pay or not. What are the basis for this? I really do not feel that I have to pay since he decided to hire an attorney in the first place and keep his service. How do I go about telling the court I feel that I should not pay for his fees? I could not afford to pay for mine to begin with and now, I'm unemployed.


Asked on 4/19/05, 4:34 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: attorney fees

A court order for the payment of attorney fees is based on a number of factors. One of those factors is need of one party and the ability of the other party to pay. An order for the payment of attorney fees may be based on the bad conduct of one party. Such bad conduct could be the refusal a party to deal in bad faith. You need to file an income and expense statement with the court and a declaration stating you are no longer able to pay for your own attorney.

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Answered on 4/20/05, 5:24 pm


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