I had a child support review done and they lowered my child support and she is fighting it and we have a review hearing and she has a lawyer(friend) representing her and they are trying to ask the judge to have me her attorney fees. How do I fight this, especially because he knew she couldn't pay him and took her on as a client because of knowing her mother and also because she is the one that wanted this hearing and you aren't required to have a lawyer and I should not have to pay that. How do I argue that?

First, whatever relationship she has with the attorney is none of your business and you shouldn't bring it up. However, you make the point that she is demanding the hearing after a review modified your support. Therefore, you should not be responsible for her costs since she is bringing the action.

You try to argue it the way you've argued here BUT in many area it is not uncommon for one party to pay the legal fees of the other. I do see fees awarded when one party is much more financially stable than the other OR one party drags another into Court without "good reason."

I've have also seen it if there was a change in circumstances which was not reported.

You should pay and have your own attorney, you have a very high chance of not only losing the hearing but paying her attorney if you don't.

Most states follow the "American rule" which provides that the prevailing party is only awarded attorney fees if it's agreed by contract or some statute provides for them in a specific type case. If your state does that for child support in review hearings, even then she should only be awarded attorney fees if she succeeds at the review hearing. What state are you in?

I am in Michigan

How long ago was the first review hearing that lead to the reduction ? Also is she appealing the decision or just going through the motions of another hearing on the matter?

She is appealing the decision and this is the first hearing we have ever had. They claim that she is unable to bear the expense of an attorney because she is unemployed buy she is fully able, capable and experienced enough to work for a living but chooses not to and is unemployed by her choice.

Her ability to pay for an attorney is not an issue. She is choosing to use an attorney and choosing to appeal the previous decision. Therefore, the costs of doing so are on her.

But if you go up against an attorney without your own attorney, you stand a good chance of losing. So I would find an attorney and request that she be responsible for YOUR costs since she is bringing the action.

What is with you pepple? You don't even know all the facts and all I hear is that Im going to lose because I don't have a lawyer! REALLY! I have my facts in order and all she has is a bunch of garbage with nothing to back it up. If you are going to answer this, then stop[ telling me Im going to lose cause believe me, I have my **** together with factual proof to back it up so Im not worrying about "losing" when all I have to lose is that the support remains the same for 2 months until my daughter graduates.

Please don't dictate who can answer and in what manner. You asked if you can be ordered to pay HER Attorney. I answered you. So did other people.

We answered what you asked - you are more successful with an Attorney when it comes to the fees of the other party than you are without an Attorney.

That's what is with me.

If you are sure you are going to win the Attorney fee issue, why are you posting here and asking about it?

I trust you have your **** in better order in person than you do in print. You have certainly bitten hands that were attempting to feed you and that won't work in Court.

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Originally Posted by singledad37

What is with you pepple? You dont even know all the facts and all I hear is that Im going to lose because I dont have a lawyer! REALLY! I have my facts in order and all she has is a bunch of garbage with nothing to back it up. If you are going to answer this, then stop[ telling me Im going to lose cause believe me, I have my **** together with factual proof to back it up so Im not worrying about "losing" when all I have to lose is that the support remains the same for 2 months until my daughter graduates.

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What is with us is experience. Most of the time, in a case where one party is represented by counsel and the other isn't, the unrepresented party loses. This is because an attorney knows the law and knows what can be presented and how. If she was not being represented, then you would stand an excellent chance of winning. But having the facts in your favor may not be enough, if you don't get to present those facts.

You came her for advice from people who have knowledge and experience in the practice of law. If you are going to ignore that advice, that's up to you. Being rude to people trying to help you won't get you very far. And if you display this type of 'tude in court, it will not sit well with the judge.

The reason we say use an attorney, they have an attorney, their attorney will make motions, or file papers in court that you will not understand, or that you will not answer correctly.

They will word it so you think it is OK but will not be. They will trick you any way they can.
That is what happens when you don't have an attorney, and the judge will sit there and let it happen because they can't give you legal advice.