Legal Question in Family Law in Michigan
Custodial ex suing for legal fees for juvenile son
My ex is suing me and my spouse for a portion of legal fees. While I was overseas with the military in 2003, son got into trouble and the ex hired a very expensive attorney (I didn't know about it at the time and neither spouse nor I signed the retainer, ever spoke with the attorney outside court, or agreed to give the ex any money). Ex claims that spouse's inquiry as to the fees, which were explained as being paid by two grandparents and the ex, is an obligation to pay and an admission of owing the money. Does a non-custodial parent have an obligation to pay for legal fees for the defense of a minor child, when the custodial parent is the party who hired the attorney? (It bears stating that the attorney also worked to help prevent removal of ex's other children by child protective services, due to nature of juvenile's offenses) We are being taken to small claims court for the maximum possible amount, and want to know if we are in fact under any obligation to pay.
2 Answers from Attorneys
Re: Custodial ex suing for legal fees for juvenile son
There is not a black and white answer to your question. Given the very limited information that you've given us, I would be arguing that your son could have qualified for a court appointed lawyer for free but that your ex made the UNILATERAL decision to go out and hire another attorney rather than accept the free one. Therefore, since the ex made the hiring decision on his own, the ex should pay the attorney on his own.
Re: Custodial ex suing for legal fees for juvenile son
If you ex-spouse hired the attorney, he or she should be responsible for the legal fees. It is quite a stretch for your ex-spouse to claim that your inquiry regarding legal fees is any kind of agreement to pay. However, you should consult with an attorney who can review your situation in detail.
Good luck.
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