Legal Question in Family Law in California
my husband's ex wife took him to court trying to get back child support. she did not show up to any of the three court hearings, and so we do not have to pay any. we did hire an attorney, and had to travel 2 hours each way to the three court dates. we had to take time off work which my husband does not get paid for. can we now take her back to court to ask for some reimbursement?
1 Answer from Attorneys
You are always entitled to ask that your legal fees be reimbursed for having to respond to a frivolous motion. However, it is up to the discretion of the court, and if that is your entire issue the legal fees I would not go back to court just for that issue. If she does it again and files a frivolous motion and you have to respond with a lawyer then you would show the court how she did it before and your chances of getting an attorneys fees sanction would be greately improved. It's difficult to win fees when the other side is unrepresented and can not afford their own lawyer.
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
1625 The Alameda Suite 204
San Jose, CA. 95126
http://www.jameschaulaw.com/
http://sanjosefamilylawyer.blogspot.com/
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
