Legal Question in Family Law in Oregon

Re: My ex-husband's attorney has filed for fees and costs, what do I do to respo

You must file an objection within 14 days or husband will be awarded his attorneys fees. That means you will pay his attorney! Contact your court house and get an objection form NOW or at the very least write the court a letter saying you object. If you do nothing the judge will award him attorneys fees. This is called an objection to attorneys fees and the court will set a hearing to hear your position. Good luck and be CAREFUL.

Objections to ex-husband's request for attorney fees and costs.

REPLY:

See ORCP (Oregon Rules of Civil Procedure) 68C, viewable at:

http://www.leg.state.or.us/ors/orcp.html

Also be sure to read the �annotations� to ORCP 68, viewable at:

http://www.leg.state.or.us/ors/annos/068anr.htm

Be sure to check the modification motion filed by ex-husband (or, if you were the moving party, the response he filed in objection to your motion). He must have filed something in writing that states that he will be seeking attorney fees.

Relevant sections of ORCP 68C . . . .

C(2) PRIOR TO TRIAL, a party seeking attorney fees shall allege the facts, statute, or rule which provides a basis for the award of such fees in a pleading filed by that party. No attorney fees shall be awarded if this requirement is not met. No specific amount of attorney fees need be alleged; an allegation that a party is entitled to �reasonable attorney fees� is sufficient.

C(4)(a). AFTER THE TRIAL, the party seeking attorney fees or costs and disbursements must file with the court a detailed statement of the amount of sought (and serve a copy of the statement on the other party) not later than 14 days after entry of judgment.

C(4)(b) OBJECTIONS to the statement seeking attorney fees or costs and disbursements must be filed within 14 days after service on the objecting party of a copy of the statement.

C(4)(c) HEARING. If objections are filed, the court, without a jury, shall hold a hearing. to determine all issues of law and fact raised by the statement of attorney fees or costs and disbursements and by the objections.

C(4)(d) No timely objections. If objections are not timely filed the court may award attorney fees or costs and disbursements sought in the statement.

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Further comment: There is no automatic right to recover attorney fees. Oregon is not a �loser pays� state. In fact, in modfication proceedings, ORS 107.135(8) says: �In a proceeding under subsection (1) of this section, the court may assess against either party a reasonable attorney fee and costs for the benefit of the other party. If a party is found to have acted in bad faith, the court shall order that party to pay a reasonable attorney fee and costs of the defending party.�

Where a party seeks to have the court make an award of attorney fees, the first question to be asked is WHY? In other words, WHY should the court order one party to pay all or part of the other party�s attorney fees? Keep in mind that the general rule in Oregon is that each party pays his/her own attorney fees and is not responsible for the other party�s attorney fees. If there is gong to be an exception to this general rule, the question is why? By itself, being the �prevailing party� is generally insufficient. There must be something else.

Be sure to file with the court your written objections (and serve a copy on opposing counsel) within the 14 days allowed by the rule.

LDG