The judge asked me to pay 25% of my ex-wife’s attorney fees in a motion to increase child support. That fraction amounts to several thousand dollars. However, the opposing attorney did not provide a detailed affidavit of his fees, which my attorney claims were excessive, mainly due to a subpoena conducted on all my financial accounts before I even got a request to submit financial statements. How can I get the opposing attorney to disclose a detailed affidavit of charges for review?
Ordinarily for claims for attorney’s fees, the attorney submits an affidavit of the breakdown of their fees for the judge’s consideration. However, if the judge has already issued an order to pay 25% of the fee, then you must pay it since it is a court order. You can ask the opposing attorney for his/her attorney’s fee affidavit, but if the court order does not require that attorney to provide you or the judge with one, then you may have no recourse.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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