Denver, CO asked in Domestic Violence for Colorado

Q: Can an opposing attorney impose interest on awarded fees through judgement if not stated on an order?

My husband was ordered to pay opposing party attorney fees in a family law matter. The judge ordered him to pay the full amount in 30 days which is not possible in conjunction with the amount he is paying for child support. The opposing attorney is now stating that she is assessing and 8% interest rate, as per the law, on the amount. This was not at stated in the order not can I find anything in the statute referring to interest on awarded fees. We have been paying small monthly amounts and the opposing attorney is now stating she is going to file contempt of court if not paid in full. Can she do this if we are paying on the amount owed? Additionally, from what I found attorney fees are generally a civil claim, wouldn’t she need to sue to to satisfy the fees further?

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1 Lawyer Answer
Sabra M. Janko
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Answered
  • Domestic Violence Lawyer
  • Colorado Springs, CO
  • Licensed in Colorado

A: If you are not in compliance with payment provisions of the court order, she can bring a contempt claim. There is separate law on interest on unpaid judgments.

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