Legal Question in Family Law in Minnesota

Re: Court Fees

We would definitely want to request that the court Order him to pay your legal fees if we have to return to court in a situation where your son has been integrated ful-time into your home and he hardly sees his father. However, the ultimate decision about fees will be made by the Judge. That is why most attorneys will still require you to pay for their services, because there are no guarantees the Judge will make your ex pay.

Re: Who pays fees if modify custody

Thank you for your question regarding the modification of custody and the enforcement of your divorce decree. You also inquire about attorney's fees.

The court can modify either the custody award, or the parenting time schedule. In general, to modify custody, you must show that there has either been a substantial change in circumstances that "endangers" your child, or you must show that your child has been "integrated" into your home with his father's consent. Endangerment can be very difficult to prove and, from the face of your question, I do not see any indication that you are concerned about your son's treatment by his father. Proving "integration," on the other hand, is a different matter. What this basically means is that if there has been a more or less complete change of custody, and your exhusband has consented to the change (maybe by just permitting it to happen), then the court can modify custody because your child has been "integrated" into your home. In effect, if custody has effectively changed, the court can modify the custody label without a finding of endangerment.

Your case may be one in which you can seek a modification of custody based on the "integration" of your child into your home. Alternatively, the court could simply modify your parenting time schedule to reflect your current schedule, which only requires the court to find the change is in your child's best interests. Your exhusband would not necessarily be required to contribute to your attorney's fees if you brought a modification motion. Attorney fee awards are generally based on need, and in some cases, on conduct. The court generally tends to be rather conservative when awarding attorney's fees, and there is no guarantee any would be awarded to you, especially if your exhusband will have difficulty paying his own fees.

More information is required to evaluate your question about your exhusband's failure to pay certain expenses as required by the decree.

If your decree obligates you to each share certain expenses, perhaps as child support, and you have consistently given him notice of the expenses you have paid and he has failed to reimburse you, the court could give you a judgment against him, could find him in contempt, or may collect the amount due as child support -- although I would need to know many more facts to evaluate the issue properly. Attorney's fees could be awarded if you must bring a motion to enforce his obligation in your decree, particularly if he had the ability to comply with order and simply refused to do so.

If you have additional questions or concerns or require assistance, my contact information is below.

Good luck.