Legal Question in Family Law in Washington

Re: Who pays legal fees if ex is in contempt?

Let me first say that I do not want to get into the business of second guessing your attorney. She may very well have a valid reason for not wanting to request the fees, and from what you wrote, she appears to have a good one- namely that she thinks she will not be able to collect.

If you stop and think about it for a second, she is probably right. After all, if your ex-husband won't pay for his own child's daycare, what makes you think he will pay for your attorney's fees? If he owns real estate or has high wages that can be attached, or other assets which can be attached, then I think there is a good chance that she can collect. If not, then she is probably right.

At the same time, assuming that you are paying her for her work, I do not see why she would not ask for fees. The worst case for her is that a commissioner or judge will say no. The best case is that you receive a judgment that is good for 10 years, a renewable for another ten, collecting interest at a rate of 12% per annum. You never know, he may make money some day, and you can cash in then.

At the end of the day, if you are paying for it, your attorney should ask for the fees. If she is uncomfortable, seek separate counsel. On the other hand, I suggest that if your attorney really thinks the odds of collecting as very slim, listen to her, as she may save you some money by stopping you from chasing bad money with good money.

I hope this helps.