Attorney Fees


#1

I filed a Motion which was answered by the opposing attorney, that answer filed in the Clerk’s Office. Part of his Answer included the request for Attorney Fees. Our hearing did not become a trial because the Judge felt we had to “go for three months” under the current Order and, being monitored by a GAL, see if there would be a change for the better concerning the availability of my daughters. Thee may well be a trial in three months. My Motions have merit. They are not frivolous. I should not be responsible for her attorney fees simply because she committed the offense. If I win the case, can I still be required to pay her attorney fees? If I lose, am I certain to be required to pay?
Or is this not a way to “dissuade” pro se advocates from going against a member of the bar?

My second question is since he filed the Answer and his request is part of it, do I not need to file an Answer to his Request in the Clerk’s Office, stating for the Court my Objections? That way, when we come back in three months, I will have before the Judge a legally filed Motion outlining my position as to why I feel like I am not responsible.


#2

For a party to be awarded attorney’s fees in child support cases, the court must find that the party is acting in good faith who has insufficient means to defray the expense of the suit. An award of attorney’s fees is solely at the discretion of the judge.

You do not need to file anything to respond to his response to your motion.