A of A and C of C


#1

Dear inline:

Greetings. There are generally two types of financial awards - compensatory and punitive. Compensatory looks to compensate a party for their actual damages. Punitive damages are an attempt to punish the party that the court questions their actions. The Defendant’s ability to pay is a factor in the award.

Attorney fees are allowed by statute in certain cases.

The payment of money damages is left up to the court in their order. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#2

1/ In general, how are financial awards determined? I have been told that AofA and CofC suits are jury trials and that the jury will recommend an award and a judge will make the final decision, but how is the amount determined? Is it on the basis of the defendant’s ability to pay? Is each, the plaintiff and the defendant, responsible for their own legal fees in such a case that makes it to court and is decided? (loser pay all?)

2/ Say, for example, that a suit is brought and won–a defendant is ordered to pay $50,000 in all. What options does the defendant have in terms of payment–pay over time? interest required? how does it work? or would a judge never order a payment more than the defendant has?

Thanks in advance for any input.