Legal Question in Family Law in Kentucky
Precedence for attorney fees
Is there a precedence in the United States where a woman takes her ex-husband back to court as a simple harassment tool (e.g. to raise child support though she knows it won't be raised and to require supervised visitation though there has never been accusations or evidence of child abuse)and is required to pay attorney fees for the ex-husband? I know sometimes they do not require her to pay attorney fees when she is not working because they do not want to take money from the children. Is there a precedence that has required her to pay?
1 Answer from Attorneys
Re: Precedence for attorney fees
Each state has a different approach. Generally, if a court action is unwarranted and in bad faith ( a tough standard to establish) then the Court can consider the award of attorney fees. In Kentucky, the award of attorney fees is not that common for the reason that the courts do not want to discourage recourse to the system. The best course is to ask for them. You will probably need counsel because this is a complex argument.