Legal Question in Family Law in California

child support and attorney's fees

I am c/p, who lost an appeal to ncp. Court awarded fees to ncp. Can the fee award be taken out of my monthly child support? (He will be making a large lump sum payment on arreage)


Asked on 1/16/09, 3:12 pm

1 Answer from Attorneys

PATRICK MCCRARY PATRICK MCCRARY

Re: child support and attorney's fees

I would suggest that you probably can offset the fees against the child support, but that is done by agreement. Did the trial court award attorney's fees or did the appeals court award "costs", which is the cost of appeal, not attorney's fees. A fee award would generally not be given unless the appeal was determined to be frivilous or your income is significantly greater than his. I would run this by an attorney who does appeals. I do both appeals and family law and have won appeals on the attorney fee issue. If you would the order awarding fees and call my office I can set up a consultation for $75 and give you a better opinion.

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Answered on 1/20/09, 7:11 pm


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