How does a judge determine ability to pay attorney fees?

North Carolina Divorce Law Divorce and Separation Answers
1

I keep being ordered to pay my ex’s attorney fees but, the judge never looks at both of our incomes. She makes as much as I do not including the large amount of child support I pay her. I bring home $2K per month or less, sometimes as low as 1K. She gets 1350 from me and she works full time and makes around $2K+ and she is married. She has no finiancial responsibility for the kids at all. I have a child that lives with me that I am responsible for too. Why am I being made to pay these attorney fees for issues that she keeps taking me to court for that aren’t even true? I can’t get a judge to listen to me and I have all of the evidence in black and white. I even have proof where she has used my social security number to incurr medical bills in my name. No one will help me or listen, what should I do?

2

If the judge continues to order you to pay attorney’s fees without making the proper findings of fact you may want to consider an appeal.

3

Erin,

My 30 day window to file an appeal has already passed. Is there anything I can do now or do I just have to keep getting brought to court becasue I can not pay and me being found in contempt?

4

If you can prove that you are not wilfully violating the order (because you CANNOT pay) the judge cannot hold you in contempt.

5

I did take my paystubs with me to court, but the judge never asked to see them or to even see if I had the ability to pay. I was ordered to pay $500 that day and to pay $500 per month until paid and I only had a 375 pay check that day becasue my CS was 675. I can’t pay the 500 per month because after the CS comes out, I don’t have enough to pay my bills and take care of my other child that lives with me. I have daycare expenses that I have to pay for her so that I can work. What can I do? I will be brought in again for contempt and her brother will be trying to put me in jail again. Please tell me what I need to do. If I go to jail, she won’t get any CS and I will loose my job.

6

I am not sure why you keep getting the short end of the stick. My advice is to find (borrow) money and get yourself a lawyer. It will likely end up saving you money in the long run.