Legal Question in Family Law in California

Hello. I have a family law case in Orange, CA. The mother of my son has requested that I pay her legal fees. I have been pro per for over 2 years. The judge will make a decision on 10/9. Can anyone please let me know what factors contribute to making the judge's decision regarding legal fees? I do not have a lawyer. I am on unemployment. I travel out of state 2 per month for my overnight parenting time with my son. My son's mother has racked up $20,000 in legal fees to prevent me from getting overnight visits and to change the outcome of the 730 investigation. Also, can a judge place a lien on my home if she orders me to pay legal fees? Please advise.


Asked on 10/01/09, 12:48 am

1 Answer from Attorneys
James Chau Law Offices James Chau

The court will decide the attorney fee request based on the need of the party and the ability of the payor to pay the fees. You should check your local rules in your county to see if there are other factors the court uses to determine an attorney fee award. But typically those are the basis for a need based attorney fee award.

Your inability to afford an attorney may be a helpful factor in you denying her motion for attorneys fees.

For self represented individuals you can consult with the family law facilitator self help center at your local court house.

As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.

Law Offices James Chau

181 Devine St.

San Jose, CA. 95110

http://www.jameschaulaw.com/

http://sanjosefamilylawyer.blogspot.com/

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Answered on 10/05/09, 5:34 pm


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