How does a judge determine ability to pay attorney fees?


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?


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.



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?


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


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.


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.