Legal Question in Family Law in California
Attorney fees, I make less
I am taking my ex gf to court for custody/visitation. If I make less money a year than she does, can she ask the judge to order that I pay her attorney fees? The whole reason for this is that she won't let me see my daughter. If she had been a resonable person instead of a control freak, I wouldn't have taken her to court in the first place. Thanks for answering my question.
2 Answers from Attorneys
Re: Attorney fees, I make less
She can ask, but that doesn't mean she'll get it. Usually, in these types of cases, the court orders both parties to pay their own attorney's fees. However, you should ask for attorney's fees because if she's been unreasonable and forced you to have to take these steps, there's the possibility that the court will order her to pay your attorney's fees. No guarantee, and most likely not, but possibly.
Re: Attorney fees, I make less
Attorney's fees can be awarded based upon need and ability. Generally, the higher earning does not have a greater need for or a lessor ability to pay the attorney's fees. She can ask, but it is highly unlikely she would get an order based on these facts. Good Luck, Pat McCrary
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