Legal Question in Family Law in Florida

Can a family court judge order a husband in a divorce case that he must pay $2,000 a month towards FUTURE legals cost? The wife is dragging and dragging things out, running up the billing.

This seems like blackmail on the part of the court to force the husband to give in to anything the wife wants


Asked on 10/08/09, 9:23 pm

1 Answer from Attorneys

Brent Rose The Orsini & Rose Law Firm

Yes, the judge can order payment against future attorney's fees. And sometimes, you're right, it does almost become blackmail. Suddenly, one side is paying the cost of both lawyers, and there is no incentive for the side receiving a "free" lawyer to do anything but fight and run up the bills.

It's unfortunate, but it happens. A good judge should never order one side to be completely responsible for both sides' fees. A good judge should order the side receiving fees to pay at least a portion of his or her own fees, giving the side receiving fees at least some incentive not to constantly run up the bill. Good judges should at least implement some form of "co-pay" system.

Brent Rose

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Answered on 10/08/09, 11:01 pm


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