Does the suing party need to disclose their full income when suing for legal costs?
Can a plaintiff sue a defendant for legal costs?
Income is not a necessary element when filing a claim or motion for attorney’s fees, costs, and expenses, so neither party is required to show that information when making such a claim or motion.
Either party can file a claim or motion against the other for reimbursement of their attorney’s fees, costs, and expenses.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
I don’t understand. I’m being sued because my ex said they couldn’t afford it. But they don’t have to show what they earn? I haven’t read through the links yet from the other thread, but I’m about to.
Thank you very much!
If your spouse is suing and claiming they cannot afford it, then it will be evident in the hearing for postseparation support, alimony, and/or child support as income information is required to be presented for these claims at the hearing. Income and need do not need to be proven in detail for a claim for attorney’s fees, unlike a claim for postseparation support for example, even if attorney’s fees are being considered for child custody.
The claim or motion for attorney’s fees is typically heard at the conclusion of the hearing/trial for postseparation support, alimony, child support, and/or child custody.
Attorney’s fees cannot be awarded for equitable distribution.
For a judge to award attorney’s fees, the attorney for the party requesting it will submit an affidavit to the court that shows the attorney’s time in the case and the total bill that the party incurred based on the attorney’s hourly rate.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.