Additional Questions about Attorney Fees

North Carolina Divorce Law Divorce and Separation Answers
1

I was just reading the latest post regarding Attorney Fees.

If I understood you correctly, the award of attorney fees would be for the spouse making less money and in cases of child support and alimony.

I was wondering if there are any other circumstances that they judge may award attorney fees.

My ex filed an action to Modify Custody and Visitation and, of course, asked that I be ordered to pay his attorney fees. I filed a response and counter, that requested him to pay my attorney fees based on his Motion being frivolous and filed solely to harass me and intimidate me into agreeing to reduce child support.

He did not show at the final hearing so the case was dismissed, but my claim for attorney fees was held open and a hearing has now been scheduled.

I make almost twice as much money as my ex at this point, so definitely am not dependent, but I do believe and think I can prove that his Motion was filed for the purpose of getting his child support lowered.

Do I have a chance of getting attorney fees?

2

Attorney’s fees can also be awarded in cases where one spouse is maliciously filing frivolous motions, based on these facts an award of attorney’s fees would be warranted in my opinion.

3

Thanks so much for the response. I’m not going to get my hopes up on the attorney fees, but I think the judge is going to be very sympathetic from what I have seen so far.

Any part of the fees is better than nothing :slight_smile:

Thanks so much for all that Rosen does and all the advice.

4

You are very welcome, and I will be pulling for you and all the folks in your situation. Best of luck.

5

If your spouse is filing stupid stuff, then most judges will be sympathetic. Almost all cases filed request attorney fees from both sides. It depends. If you have a sympathetic judge and your ex spouse continues to file ridiculous things, then yes, you have a good chance of having attorney fees awarded. My ex spouse requested attorney fees when he took me to court over me PAYING him what I had been ordered to do! The judge ignored his attorney fee request. Finally, I got something, I reckon. Fool. It cost him more to take me to Court than what I paid him! And I went by myself so my cost was nothing except more emotional damage.