Q: The dad of my child file a false child abuse motion against me. It was proven no abuse occured. Can I ask for lawyer fee
He did this so I have to pay laywers fee. He has more money so he wants to bankrupt me
A: I don't think so, but why don't you ask your attorney if the dad can be required to pay your attorney fees?
A: The answer depends on the totality of facts and is difficult to address in an online forum venue. Talk to your lawyer. However, as a general matter, in dissolution of marriage actions, or if you are the petitioner in a paternity action or this is a paternity modification and/or enforcement action, the Court can consider a variety of factors in determining whether to award attorney's fees. Frivolous and vexatious litigation are included in this factors. Here is a citation to one case for your reference. Kaiser v. Harrison, 985 So. 2d 1226, 1230 (Fla. 5th DCA 2008)("The parties' financial resources are the primary factor in determining an attorney's fee award. Other relevant factors to consider are the scope and history of the litigation, the duration of the litigation, the merits of the respective positions, whether the litigation was brought or maintained primarily to harass (or whether a defense was raised mainly to frustrate or stall), and the existence and course of prior or pending litigation"). The question is whether it can be proved and whether he even has the ability to pay an award. Best of luck to you.
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