Can I expect to recover attorney fees from my spouse (or former spouse)?
Question: Can I expect to recover attorney fees from my spouse (or former spouse)?
Maybe. The judge in a divorce case will decide whether attorney fees are awarded and the amount of attorney fees, if any. A judge can award attorney fees any time during a divorce case. Some judges award attorney fees early on in a case to help a party hire an attorney. Some judges award attorney fees at the end of a case to reimburse a party for the fees they have already paid or currently owe their attorney. Some judges award some fees both at the beginning and end of a divorce. The judge must consider the financial circumstances of both parties and may award attorney fees a party that does not have the same means as their spouse to hire a lawyer to represent them in their divorce. O.C.G.A. § 19-6-2. The purpose of an award of these attorney fees is "to ensure effective representation of both spouses so that all issues can be fully and fairly resolved." Johnson v. Johnson, 260 Ga. 443, 444 (1990).
A judge may order reasonable attorney in a child custody action. O.C.G.A. § 19-9-3 (g). In child support modification cases, a judge may award attorney fees to the party that prevails in the modification case. A judge must award fees, however, a custodial parent that prevails in an upward modification of child support case based upon the noncustodial parent's failure to exercise court-ordered visitation. O.C.G.A. § 19-6-15 (k)(5).
A judge may also order attorney fees in an action for the attachment of contempt. O.C.G.A. § 19-6-2 Such actions are filed when one party does not comply with a court order or settlement agreement regarding child support, alimony, property division, custody or visitation.
Finally, Georgia law authorizes an award of "reasonable and necessary" attorney fees upon a finding that an action or any part thereof "lacked substantial justification, … was interposed for delay or harassment, or … an attorney or party unnecessarily expanded the proceeding by other improper conduct…." O.C.G.A. § 9-15-14 (b)
Because every case is different, it is best to consult with an experienced divorce attorney to determine the likelihood of being awarded attorney fees.
Written by Stern & Edlin Lawyer, Carla Schiff.
Click here to learn more about the Stern & Edlin Family Law firm.Labels: Carla Schiff, Fee Recovery
Question: Can I expect to recover attorney fees from my spouse (or former spouse)?
Maybe. The judge in a divorce case will decide whether attorney fees are awarded and the amount of attorney fees, if any. A judge can award attorney fees any time during a divorce case. Some judges award attorney fees early on in a case to help a party hire an attorney. Some judges award attorney fees at the end of a case to reimburse a party for the fees they have already paid or currently owe their attorney. Some judges award some fees both at the beginning and end of a divorce. The judge must consider the financial circumstances of both parties and may award attorney fees a party that does not have the same means as their spouse to hire a lawyer to represent them in their divorce. O.C.G.A. § 19-6-2. The purpose of an award of these attorney fees is "to ensure effective representation of both spouses so that all issues can be fully and fairly resolved." Johnson v. Johnson, 260 Ga. 443, 444 (1990).
A judge may order reasonable attorney in a child custody action. O.C.G.A. § 19-9-3 (g). In child support modification cases, a judge may award attorney fees to the party that prevails in the modification case. A judge must award fees, however, a custodial parent that prevails in an upward modification of child support case based upon the noncustodial parent's failure to exercise court-ordered visitation. O.C.G.A. § 19-6-15 (k)(5).
A judge may also order attorney fees in an action for the attachment of contempt. O.C.G.A. § 19-6-2 Such actions are filed when one party does not comply with a court order or settlement agreement regarding child support, alimony, property division, custody or visitation.
Finally, Georgia law authorizes an award of "reasonable and necessary" attorney fees upon a finding that an action or any part thereof "lacked substantial justification, … was interposed for delay or harassment, or … an attorney or party unnecessarily expanded the proceeding by other improper conduct…." O.C.G.A. § 9-15-14 (b)
Because every case is different, it is best to consult with an experienced divorce attorney to determine the likelihood of being awarded attorney fees.
Written by Stern & Edlin Lawyer, Carla Schiff.
Click here to learn more about the Stern & Edlin Family Law firm.
Maybe. The judge in a divorce case will decide whether attorney fees are awarded and the amount of attorney fees, if any. A judge can award attorney fees any time during a divorce case. Some judges award attorney fees early on in a case to help a party hire an attorney. Some judges award attorney fees at the end of a case to reimburse a party for the fees they have already paid or currently owe their attorney. Some judges award some fees both at the beginning and end of a divorce. The judge must consider the financial circumstances of both parties and may award attorney fees a party that does not have the same means as their spouse to hire a lawyer to represent them in their divorce. O.C.G.A. § 19-6-2. The purpose of an award of these attorney fees is "to ensure effective representation of both spouses so that all issues can be fully and fairly resolved." Johnson v. Johnson, 260 Ga. 443, 444 (1990).
A judge may order reasonable attorney in a child custody action. O.C.G.A. § 19-9-3 (g). In child support modification cases, a judge may award attorney fees to the party that prevails in the modification case. A judge must award fees, however, a custodial parent that prevails in an upward modification of child support case based upon the noncustodial parent's failure to exercise court-ordered visitation. O.C.G.A. § 19-6-15 (k)(5).
A judge may also order attorney fees in an action for the attachment of contempt. O.C.G.A. § 19-6-2 Such actions are filed when one party does not comply with a court order or settlement agreement regarding child support, alimony, property division, custody or visitation.
Finally, Georgia law authorizes an award of "reasonable and necessary" attorney fees upon a finding that an action or any part thereof "lacked substantial justification, … was interposed for delay or harassment, or … an attorney or party unnecessarily expanded the proceeding by other improper conduct…." O.C.G.A. § 9-15-14 (b)
Because every case is different, it is best to consult with an experienced divorce attorney to determine the likelihood of being awarded attorney fees.
Written by Stern & Edlin Lawyer, Carla Schiff.
Click here to learn more about the Stern & Edlin Family Law firm.
Labels: Carla Schiff, Fee Recovery