Legal Question in Family Law in Iowa

My ex husband filed for divorce in May. Our trial was scheduled for much later in the year and we have a 5 year old that was about to start school. So we got a temporary hearing for custody to which I was granted temp. custody. Our hearing was in November. We had two dates scheduled for the hearing but by lunch the judge was asking us to see if we could come to an agreement on custody. Clearly we both wanted it. So we continued. By the end of the first day, the judge said that it was enough and we would have his ruling within the next 7-10 days. Three days later we had his ruling. Again, in my favor. My ex husband and his lawyer feel as thought the judge didn't listen to anything the had to say and felt his decision was way to quick. So they are appealing. My lawyer asked for a $5000 retainer to which I paid but it was a personal loan from a friend that I have to pay back. My lawyer said he will be seeking attorney fees if we win. And my dad will pay my $5000 loan off but not without a guarantee that my ex husband will be paying the fees in full. My question is, if he's ordered to pay attorney fees provided he loses, does that mean I will have to garnish his wages to get that money back, or will he have to pay it in full? Is there a way to secure that money or place a bond on him for that? That a lot of money to be paid back by garnishment, which would only be like $50 a paycheck. Btw I live in Iowa, I'm not sure if that makes a difference.

Asked on 3/06/13, 8:23 pm

Robert Luedeman solo practitioner

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0 attorneys agreed

That's a question to decide if and when attorney fees are awarded. Maybe you should ask your attorney how often something like that happens.

Answered on 3/07/13, 5:45 am

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