Legal Question in Family Law in Texas

I just went to court on a motion to enforce my child support order. (My ex was $28,000 in arrears.) The judge ruled that he pay the amount of the arrears, plus interest and $3,000 in attorney's fees. The problem is that I've paid my attorney almost $10,000, being told all the while that Texas law states that a judge "shall" order reasonable attorney fees on a motion to enforce. Is $10,000 "reasonable?" If so, why would the judge limit it to so much less? If not, what are my options to recover that money from the lawyer? Also important: the lawyer told me to expect to pay about $400 more, once the motion to enforce was written. In reality, I've spent almost $6000 since then. Thank you for your consideration.


Asked on 7/02/13, 8:07 pm

1 Answer from Attorneys
Fran Brochstein Attorney & Mediator

The attorney was able to get your the arrearage from your ex. It appears that your ex is a "difficult" person to deal with - right? The attorney obviously accomplished something for you. I doubt that you could have done this without a tough attorney. I suspect it took a lot of work - $10,000 in legal fees is a lot of hours of work.

Ask for a copy of your legal bill? I bet it shows a lot of hours. I also suspect that you signed a Legal Services Contract when you hired this attorney. So read your contract - what did you agree to when you hired this attorney? Go back and make sure you understand everything.

It's not the attorney's fault that the judge did not order that your full attorney's fees be paid. I suspect that the attorney put on evidence of his/her legal fees in order to get the judge to order $3,000 in legal fees. Right?

It is totally at the judge's discretion what the judge deems "reasonable".

Hopefully you will start receiving payments of the $28,000. Otherwise, ex will be going to jail. Remember, you might need this attorney to help you again -- so don't burn your bridges with this attorney.

I hope this answer has been helpful.

If you start receiving money from your ex, hopefully you will be happier!

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Answered on 7/03/13, 9:46 am


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