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Is there any chance my ex will be responsible for my attorney costs?
Anonymous6 views3 answers
After my current child support order is deducted, I am considered to be if not very close, below the poverty line. Since the child support order has been placed (5 years ago) there have been many changes with my child as far as income (my ex was in school and had almost no income at the time), child care expenses (I pay some now) and overnights (I have increased to 2-3 overnights with me a week now). I am over $15,000 in debt to my ex due to the high support order. I requested a review through the DOR and I simply received a letter saying my request was denied with no explanation. I have no way to pay a lawyer and my ex makes more than double what I make. If I get an attorney what is the probability of her having to pay my fees?
You have a lot going on here that's unclear by your statement. If your ex is your ex wife, than there should be an order by the court from your divorce which I'd suggest you file a Supplemental Petition to Modify Time Sharing and Other Relief, so that you can get both the support and the time sharing to reflect what's actually happening along with support ordered in line with that. If your ex is your ex GF, than you need to file a petition to establish paternity, time sharing and support (again in line with time sharing). As for DOR, this would be considered a "related case" and be modified as part of the circuit court order. These are the best routes. You could also just motion to modify the support due to changes in circumstance; enough time has passed and it's not DORs choice. You need to file with the "court" that rendered the order of support. It's also unlikely that your ex would be made to pay for your lawyer unless she's contemptuous. Most lawyers give free consultations, many would work for pay by the hour to assist in preparing the documents you need, or there's legal aid that may help. I'll also attach a link to forms for your benefit. Good luck.
A review of the existing order an the relevant facts at the time it was issued would be needed to compare/contrast the current situation and determine whether or not you would entitled to a downward modification of your child support obligation. Attorney fee awards from one party to the other in family law cases is possible and they are decided based upon your ability to pay such fees or your need for the same and the opposing parties ability to pay your fees or the their lack of such ability. In other words just because one party has an income that exceeds the others does not necessarily mean that that the high earning party will be required to pay the others attorneys fees. In addition, you should be aware that any request for a downward modification of child support may only be granted from the date the request for the same is filed and cannot be granted to a date prior to the filing date,
Sincerely,
Daniel Bachert, Esq.
Sincerel
Trial courts have broad discretion with regards to awarding fees and costs under Chapter 61, Florida Statutes. Even when we, as attorneys, might consider a situation to be quite appropriate for an award of fees, there is no telling what a judge will do in such a situation. Good luck.
