Phoenix, AZ asked in Divorce and Family Law for Colorado

Q: After court date on 'Motion to Modify' request filed by my ex, the Judge ruled in my favor also awarding some atty fees.

The actual ruling states -'This Court can award attorney fees based upon Title 14, as well as Title 13. Title 14 allowed the Court to consider the financial resources of the parties, and Title 13 allows the Court to award attorney fees based upon frivolous, groundless, or vexatious actions. Sir, you have not been above board with your actions with regard to Ms. (Petitioner) and Ms. (Attorney) with 16.2. I’m gonna award attorney fees under both Title 14 and Title 13. Attorney fees will be awarded to Ms (Petitioner) in the amount of (edited) thousand dollars. The Court has reviewed the affidavit that was filed on July XXth, finds that those attorney fees from the date of filing until today’s hearing to be appropriate and necessary. I’m not awarding the full amount that she’s asking for, but I’m awarding (edited) thousand dollars.'

The atty is mine; should I pay my atty and then be reimbursed? or should atty get payment from my ex? How is ‘award’ legally handled?

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1 Lawyer Answer
Stephen J. Plog
Stephen J. Plog pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Tampa, FL
  • Licensed in Colorado

A: You will need to discuss this with your attorney. Each attorney is going to handle things differently. If you signed a contract with your attorney, which you presumably did, your attorney is still going to want payment. If he or she says they can wait to get paid from the other party so be it. Likely they will expect you to pay them and then fees from other party will go to you as they come in.

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