Is it considered spousal support to pay for an ex’s appeals attorney?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is it considered spousal support to pay for an ex’s appeals attorney?
My husband won full custody of his son in his divorce. However, his ex-wife angered off the judge and the judge made unprofessional comments about her in his final judgement. So she appealed the decision and won. Custody 2.0 is now pending but my husbandhas been ordered to pay for his ex’s appeals attorney’s fees. Appeal overturned on everything except dissolution of marriage – all property settlement, custody, child support order, etc. Since she refuses to work, the judge in the first trial imputed her income and that was part of her appeal.My husbande has not paid because I was laid off and now he is facing a contempt of court.
Asked on October 12, 2010 under Family Law, Florida
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
No, spousal support and payment of attorney's fees are not the same thing. From the order in which you have written the facts her I am assuming that in the end, your husband won - and by that I mean he has his son and everything awarded in the first trial. Is that correct? And he was also "awarded" the attorney's fees for his ex as a plus. If I am incorrect please write back. He is going to have to pay the fees or else make application to the court to modify the order and the award. What did his attorney say about all of this? He needs to get advice from someone who was through all of this with you and who can let you know if it is possible in your jurisdiction for the award to be modified. In the end, though, you came out on top despite the monetary issues. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.