Q: Can a malicious ex be responsible for court/attorney fees?
After 7 years of me being primary custodial parent in PA, my ex husband and his new wife living out of state have been on a vendetta against me to slander my name in court in order to take primary custody of our child (8). This is the second time he has pursued this in a single year, coming up with new lies every time and making absolutely ridiculous accusations. Even when they are proven false in court, is there a way to make HIM responsible for the court costs considering he is maliciously doing this? Especially considering I don't have the money to keep going to court bc I am a stay at home mom currently with my youngest baby. Any advice would be appreciated.
A:
In PA the court is permitted to enter an award of unnecessary counsel fees, costs and expenses where a case participants actions during the pendency of the action have been "obdurate, dilatory, and vexatious." It is within the courts discretion to determine if the participants actions rise to this level.
Lisa Marie Vari, Esquire
www.pafamilylawyers.com
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