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    MamaBear31's Avatar
    MamaBear31 Posts: 3, Reputation: 1
    New Member

    Feb 6, 2015, 10:46 AM
    Can a judge attribute me income (and force me to pay Atty fees for my ex) w/o a job?
    My husband and I have two children but my ex and I share custody of our two children from our previous marriage. The judge ordered me to pay my ex's attorney fees and threatened to have me arrested and take my kids away if I don't come up with $15,000. In 30 days! I, and my attorney, expressed that due to me not working (because of my two children under age 4) I would not be able to pay those fees. He then had me placed me in a holding cell and threatened to send me to jail if I didn't come up with a plan! So because of being under duress, I went back into the court room with my attorney and told the judge that I could afford $50 per month. He was NOT happy but agreed to the $50 per month for 6 consecutive months and at the end of the 6th month, I would have 30 days to pay the balance. In the order, he stated that if I did not comply and pay the full amount by the end of the timeline, that he would place me on home confinement and day report! Is this legal?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977

    Feb 6, 2015, 11:22 AM
    Is this legal?
    Hard to say. What does your attorney say?

    I suspect there is much more to the story than you have shared. Why does the judge think your ex should be paid $15 K of his attorney fees? Did you do things to unnecessarily run-up his attorney fees?

    Also, you have used the word "attribute" in the title to this thread. That suggests that the judge feels you can make much more money, but choose not to do so. Are there any alternatives for caring for your young children, other than your not working?
    MamaBear31's Avatar
    MamaBear31 Posts: 3, Reputation: 1
    New Member

    Feb 6, 2015, 11:33 AM
    My Atty, who is no longer my attorney due to being out of money to pay him, says that the judge cannot legally attribute me income because I have two pre school aged children in the home. I have no college education and minimal job experience. And I also feel based on my religious beliefs, that a married woman with children still at home should not work. There is quite a bit to my story, but the judge does feel that I made some frivolous accusations about my ex (or someone in his family) and would never look at the reasons I accused him of things. I've had evidence to back things up the whole time.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977

    Feb 6, 2015, 11:54 AM
    Sorry, but I tend to agree with the judge on this one. If indeed it is a deeply held religious belief and an integral part of your faith, I suggest you look to your congregation for financial or legal assistance.
    MamaBear31's Avatar
    MamaBear31 Posts: 3, Reputation: 1
    New Member

    Feb 6, 2015, 12:21 PM
    Well the problem is that my son was and still is exhibiting behaviors of a sexually abused child. And when asked about it from a therapist he said it was "bad daddy". He is now 8 years old and is wiping poop on the walls and toilet at school, trying to "flood the school" by flushing a juice box down the toilet, and is now peeing his pants from time to time. So the things I have accused or filed on are based on genuine concern for my child and backed up by evidence from therapist and pediatrician. But also, he filed lots of things too. So at the very least, if the judge is going to make me pay for the Atty fees, shouldn't it be the ones where I was the one who filed something? I shouldn't have to pay for my ex filing something... also I guess I feel very trapped because my ex has a new wife and she works for the supreme court of appeals...

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