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    cbachus's Avatar
    cbachus Posts: 1, Reputation: 1
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    #1

    Jul 18, 2010, 04:36 PM
    What basis does the father have to pay the mothers attorneys fee with no marriage
    What is the law on having a Father pay for the Mothers Attorney"s legal fee's incurred during litigation to determine increase in child support. The parents were never married. Is the father obligated to pay the mothers Attorney"s legal fee"s" in addittion to his own legal and what is the basis.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Jul 18, 2010, 04:38 PM

    I've seen legal fees ordered in these cases - I'm in NY. I don't know where you are.

    In my area the more common route is assigned counsel for the mother (if she cannot afford to pay).
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Jul 18, 2010, 04:49 PM

    Also issues such as was father asked to merely supply income verification and refused and had to be taken to court.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Jul 18, 2010, 05:07 PM

    First, laws vary by location. Therefore, any question about legal issues needs to include a general location for us to help.

    Generally the awarding of legal fees is up to the discretion of the court. Its usually done when one party brings a suit that has little or no merit as a deterrent.

    The fact that the parents were never married will have little if any impact on this issue. I would say that if the father is hiding income or not reporting income accurately and the mother is forced to bring suit to get an increase, then the court might award the mother legal fees.
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