Circumstances Under Which Attorney's Fees Are Awarded....

[Lils]

What is the name of your state? Georgia

Hi gang....

Quick question......I know you all are not lawyers, but can anyone from experience help me understand under what circumstances a judge awards attorney fees?

My boyfriend (in GA), just lost a moveaway custody case involving his two children (age 5 and 14 months) and his children are now in NJ with his ex. In the court order it stated:

"The issue of attorney's fees is reserved. The parties are directed to file requests within 30 days of the receipt of this order and respond to requests within 45 days of the date of this order."

Now, several things. My boyfriend's attorney said that it is clear by how the order reads that the judge thinks that my boyfriend is hiding money (he owns a business, is a scientist who specializes in cancer research)....my boyfriend is NOT hiding money, he was completely honest on all of his financial afidavits, even had witnesses testify as to the worth of his business, etc.

The custody case was standard....she wanted to leave the state and take the kids, he didn't want her to because he wants to be involved in his children's lives, she wouldn't agree to stay, so they went to trial. If anything, her side was extremely litigious, her attorneys subpoena'd everything and anything, even though he gave them everything they requested.

So my questions:

1. How does a judge decide if attorney fees should be awarded?

2. What evidence does he have to provide that will show that he does not have the money to pay her attorney fees, that she was overly litigious, and that, in fact, she should pay HIS attorney fees?

Thank you in advance for your replies!

Lils

 

[stealth2]

I've recently had two situations where attorney's fees were requested. They were awarded in one. In the first, I filed for a support modification (for a variety of reasons). My ex dragged it out for nearly 18 mos, did not appear for several mediations and did not make himself available by phone for several others - as ordered by the court, did not produce several items which had been requested until actually in trial and with the judge insisting that he call his accountant to fax the information immediately. I was awarded legal fees as there was absolutely no need for them to be as high as they were had he simply complied with requests and mediation from the get-go. Frankly, the judge didn't much care what his financial position was at that point (but he did have assets from which to cover the fees, as well as arrears).

The second situation was when my ex filed against me for contempt, claiming that I interfered with his phone contact and visitation. All a lie, and I requested legal fees for defending myself against it. The judge found no contempt, but also awarded no legal fees.