Claim for Atty Fees vs Rule 11 Sanctions


#1

Recap:

Ex and I had a final hearing on Child Custody (his motion to modify) on 06/05 and he choose not to appear - case was dismissed, but the judge held my claim for attorney fees open until I could obtain an affidavit from my atty (I terminated him before the final hearing). I finally received the Affadavit, but I read the local rules (Mecklenburg) which state the hearing on the claim should not exceed 60 days afte the hearing (which would be 8/6) and I doubt I can get a hearing that quickly.

Stupid filed another Motion for Visitation just 20 days later. You advised me to file Motion for Sanctions Under Rule 11, which I have drafted.

On the Rule 11, request for sanctions, I have requested reimbursement of my costs, which will be minimal since I’m representing myself. Though this is a separate action, can I include the attorney fees from the first action as a request for sanctions?

Am I just out on the claim for attorney fees?


#2

I suggest you contact the clerk to schedule a hearing on the original issue of attorney’s fees.


#3

I called the court to schedule a hearing. First available hearing date is 10/26. With the 60 day rule, do you think I will be okay? It’s not my fault that Meck county has such a full calendar and cannot schedule me.


#4

You are correct, you cannot help the volume of the docket, but be sure an explain that you did try to schedule earlier.


#5

I asked my previous lawyer about that also. I am pro se now. When I contacted her, she stated that it was okay to go ahead and file for the attorney fees.

I saw that “within 60 days” also. I was told to go ahead and file, because their was no way to do this within the sixty days and our judge had deferred our attorney fees until a later date. (no specification of what date)


#6

Thank you for your repsonse. Sometimes we learn a lot from other people’s situations and questions. We have a hearing on 10/26, so I’m going to keep my fingers crossed and see what happens.


#7

I have already filed for attorney fees, and three separate contempt charges. My date is Aug 5th. Hopefully, I can prove his bad faith and this would be enough, considering the circumstances.

I pulled this from the General Statutes:

§ 50‑13.6. Counsel fees in actions for custody and support of minor children.

In an action or proceeding for the custody or support, or both, of a minor child, including a motion in the cause for the modification or revocation of an existing order for custody or support, or both, the court may in its discretion order payment of reasonable attorney’s fees to an interested party acting in good faith who has insufficient means to defray the expense of the suit. Before ordering payment of a fee in a support action, the court must find as a fact that the party ordered to furnish support has refused to provide support which is adequate under the circumstances existing at the time of the institution of the action or proceeding; provided however, should the court find as a fact that the supporting party has initiated a frivolous action or proceeding the court may order payment of reasonable attorney’s fees to an interested party as deemed appropriate under the circumstances. (1967, c. 1153, s. 2; 1973, c. 323.)