Q: Opposition reasons, and or codes for denial of attorney costs? Las Vegas , NV
Other party has requested attorney fees to be awarded, and we are not even to trial yet. I have offered multiple times to mediate. They want me to pay for both this case and a different case for mother and father. (Mine is 3rd party.) I do not have income, as I have just been released from workers comp but waiting to have the clearance form for work to be able to return. With that being said, I cannot afford my own bills and having family help me. How can I request the denial of said attorney fees as that would literally take away from my children, and my bills, if I did have income but I don’t. I do receive Medicaid, and food stamps.
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- Nevada
- (702) 979-1455
- View Profile
- Answered
A:
Parties commonly seek attorney fees and costs; this does NOT however guarantee the award. The judges have discretion to award or deny said requests and unless you act in "bad faith," or you earn much more than your spouse, most judges defer the request until trial. At trial, the judge must weigh various considerations including, incomes, ability to pay, a parties' denial to resolve when reasonable to do so, and a number of other matters. Some judges will award the amount at trial; however some require a motion meeting various requirement for mere consideration.
About making your position clear, merely deny and/or oppose your spouse's request in your pleadings. Good luck!
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