Court Needs to Consider Both Ability to Pay and Actual Expenses When Ordering Attorneys Fees

The court should consider both child support and spousal support payments when determining attorneys fees.

Alan T.S. v. Superior Court (Mary T.)

In this case the trial court had ordered $9,000 in attorney’s fees to wife during a dissolution case, citing disparity in wife’s gross income as a court clerk of $5,135/mo and that of husband who grossed $8,333/mo. as law librarian. When husband appealed the fee order he pointed out that not only was his income not substantially greater so as to support such a large attorney fee award, but that he has significant costs and expenses including child support and spousal support, after which he was not left with enough income to pay attorneys fees.

Past cases have clearly emphasized that the court should consider need and ability to pay, but this case is unique in that the court specifically considered husband’s actual expenses and also considered hefty child support and spousal support obligations in determining that it was just unfair to make husband pay attorneys fees under these circumstances.

If your spouse is requesting that you pay his or her attorneys fees you should definitely cite this case and argue the same logic, that after you are ordered to pay child support and spousal support that you just don’t have money to meet your monthly budget and pay your spouse’s attorneys fees on top!

If you are facing loss of employment, employment, reduced income, job loss, YOU NEED to take action today and see us to reduce your spousal and child support.

Alan T.S. v. Superior Court (Mary T.) [full text]

This article was posted in Divorce Financial Considerations.