Legal Question in Civil Litigation in California
Attorney Fee's For Not Doing Work
In June I signed a court ordered stipulation in family court that stated my ex wifes divorce attorney would complete and file a QDRO. He would have everything done and in my possession on or before October 1st. I was to receive � of a large retirement plan we had while married. My wives family law attorney chose not to do the work as the court order required and it has cost me substantial attorney fees to press the issue. Can I take action against her attorney in civil court (small claims) to recover my attorney fees?
2 Answers from Attorneys
Re: Attorney Fee's For Not Doing Work
Dear Fees:
The dissolution Court currently has jurisdiction (legal power and authority) over ALL ISSUES in your family Court case. You need to have your current attorney file an OSC (Order to Show Cause) seeking atorney fees for you.
Regards,
Mark Geyer
Re: Attorney Fee's For Not Doing Work
Mr. Geyer is correct. The code section that may be applicable in your situation is Family Code section 271. Family Code section 2030 would govern attorney fee awards based on wealth of the parties, and not conduct.
From experience, I have never seen a court award attorneys fees under Family Code section 271, but there is case law on the books and it has happened to others.
Good luck,
Very truly yours,
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