Q: what codes can I use to support my objections to a request for Attorney fees and costs if Im a low income father
family law case for parenting time,custody and child support. I'm the respondent from the case.
A: Attorney fees and costs are discretionary in most family law cases. You really need to go and talk to an attorney to make sure that your situation involves a discretionary award rather then a mandatory award. It also depends on whether the case is in the early stages where they are just filing a Petition and you are supposed to respond. In that case you just respond that you deny that they are entitled to attorney's fees and costs. (You could ask for yourself to get your costs in your response. You can't ask fo attorney's fees unless you actually have paid an attorney to help you.) If this is the end stage where there has already been a hearing or resolution by the court and they are now filing a Petition for attorney's fees, then you really need to talk to an attorney and find out how to respond and defend yourself. Typically the court won't award either side attorney fees unless one side has a lot more money then the other side, which doesn't sound like your situation. But the court can also award attorney fees against a party if that court feels that party acted unreasonably and cause problems that increased the otherside's attorney's fees unnecessarily. Merely disagreeing with the otherside and wanting a hearing is not unreasonable.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
