Attorney Fees, Costs & Expenses Archives - Page 2 of 2

Attorney Fees: Motion For Reasonable Attorney Fees

How To Obtain Reasonable Attorney Fees At The End Of A Domestic Relations Case

Local Rule entitles Award of Attorney Fees

In my last Family Law Blog Article posted on October 12, 2013, I discussed how to obtain interim attorney fees at the outset of a domestic relations case. With this article, I shall address how to obtain reasonable attorney fees at the end of a domestic relations matter. In Montgomery County, Ohio, this topic is addressed by Local Rule 4.27 entitled “Award of Attorney Fees”.

Pursuant to the Local Rule cited above and according to the laws of Ohio, a Domestic Relations Court may award reasonable attorney fees at any stage of the proceedings, including appeal, modification, and enforcement cases. In order to award reasonable attorney fees, the Court must find that one party (the “financially disadvantaged party”) will be prevented from fully litigating his/her rights and adequately protecting his/her interests, and that the award is equitable (“fair”).

The very first step to take in determining whether to file a Motion for Reasonable Attorney Fees is to determine if you are representing the “financially disadvantaged” spouse. As in my previous Family Law Blog Article, it would not … Read More... “Attorney Fees: Motion For Reasonable Attorney Fees”

Interim Attorney Fees: Filing For The Financially Disadvantaged

How to Request Interim Attorney Fees in Divorce Cases in Montgomery County, Ohio

interim attorney fees If you are a family law attorney practicing in Montgomery County, Ohio, you must be familiar with Local Rule 4.14(B) which reflects the following language:

“Upon the Court’s own motion or motion of either party, interim attorney fees may be awarded without an oral hearing to allow an economically disadvantaged party to be adequately represented, or to adequately represent the interests of a minor child. The Court may award such reasonable interim attorney fees as the Court deems necessary and upon such terms as are equitable. In matters pending before a Magistrate, the Magistrate may determine an interim fee request under the procedures provided for Magistrate Orders.”

The language of the rule raises several questions:

What are interim attorney fees?

“Interim attorney fees” are fees that could be awarded for the time between the filing of a Complaint for Divorce and the Final Divorce Hearing. These interim attorney fees are requested so that both parties in the divorce proceeding have adequate monies to have their interests represented before the Court.
Who is the “economically disadvantaged” party or spouse?

The “economically disadvantaged” party or spouse is the one

The “Un-Advisability” of an “Un-Divorce” Arrangement

Psychotherapist and Guest Contributor Donna F. Ferber sent me an email a month or so ago encouraging me to read Suzi Parker’s article about famous couples who chose, rather than going through a divorce, to simply live separate lives. Click here to read Ms. Parker’s article about a trend some people call an “un-divorce.”

We both agreed to attempt to fairly evaluate the “pros and cons” of this option: she from a psychological perspective and me from a legal perspective. Initially, Donna was much more open to the possible merits of this arrangement than I was. She made it clear that she was most interested in hopefully reaching and empowering people who are in unhappy marriages and who feel trapped by fear, ignorance, and the lack of financial and emotional resources. Donna and I continued to exchange numerous emails over the last six weeks about this “un-divorce” arrangement, discussing the relative merits of couples remaining married but living separate lives. By reading the title of this article, I suspect you can tell that I am not impressed with the overall wisdom of such a relationship. While it is certainly possible to construct various hypothetical situations when an “un-divorce” arrangement might … Read More... “The “Un-Advisability” of an “Un-Divorce” Arrangement”

Contempt Remedies for Non-Compliance with Court Orders

Factual Scenario: The Final Judgment and Decree of Divorce has finally been executed by the parties and has been filed with the Court. But, alas, Husband finds that Wife is not willing to pay what he is supposed to receive from her; and Wife is not forthcoming in dividing the U.S. Savings Bonds that were acquired during the parties’ marriage; and she is refusing to convey to Husband certain household goods and furnishings as directed in the Final Judgment and Decree of Divorce.

What remedies does Husband have?

The Court does not have a “police force” or “private investigators” to monitor compliance with Final Decrees or Agreed Entries. There simply is not enough money for the Court to examine whether or not former spouses are following the mandates of their Decrees. In order for the Court to learn about a party’s non-compliance, the former Husband must file a Motion asking the Court to find his Ex-wife in Contempt of Court for her willful failure to comply with certain terms of the Final Decree or Agreed Entry. Another name for the same action is for Husband to file a Motion to Show Cause why Wife should not be held in … Read More... “Contempt Remedies for Non-Compliance with Court Orders”

12 Proactive Steps to Take If You Are Contemplating Divorce

Jason C. Brown, the publisher of the Minnesota Divorce and Family Law Blog, recently posted a very practical article outlining some important steps to take if you are anticipating filing a divorce action. I am grateful that he has allowed me to repost it here. I concur with his wise “nuts and bolts” type suggestions. Remember the old adage, “An ounce of prevention is worth a pound of cure”. Plus, this “ounce of prevention” might well save you thousands of dollars in attorney fees!

Once you break the news of your desire to dissolve your marriage, interesting things may start happening at your house. Critical records and valuable items of personal property may suddenly vanish. It pays to be proactive to ensure that you have all the information you will need to move forward as efficiently as possible.

The wasted time and cost associated with hunting down missing documentation can be staggering. We’ve handled cases where everything from an expensive diamond ring to boxes of business records have taken a “vacation”. We almost always find them, but not without substantial effort. In cases where they are not found, the Court will impose substantial sanctions and assume the missing … Read More... “12 Proactive Steps to Take If You Are Contemplating Divorce”

10 Tips To Cut Your Attorney Fees

I would like to share some constructive fee-cutting suggestions for you to consider implementing after you have done your “due diligence” in selecting the right attorney for you and your issues. Many of the cases I have handled over the last 30 years are family law matters which are engagements typically based upon the number of hours spent in the representation. The amount of time to complete these cases varies based upon many factors, including the nature of the issues, contentiousness of the parties, and the cooperation level existing between both counsel. Recently, I have been asked by several clients what they can do to help reduce their attorney fees. Certainly, this is an excellent question especially with money being so tight and all of us having to deal with our poor economy. Each attorney would no doubt answer this question differently. So, be sure to ask your attorney about his or her own particular preferences. Here are some of my simple tips to reduce your attorney fees:

Use email instead of the phone. Email communications are an excellent way to keep your attorney advised as to ongoing developments. But, realize that many attorneys receive hundreds of emails in a

You Get What You Pay For!

Growing up in a small and rural community in Southwestern Pennsylvania, I was truly fortunate to be reared by a hard-working Father and a loving “stay-at-home” Mother. She taught the four of us so many things by example and by so many proverbs. One of her favorites was “You get what you pay for!” To her, that meant that you purchased fewer items of high quality personal goods or articles of clothing rather than more items of lesser quality or durability.

Today, as a practicing family law attorney in Dayton, Ohio, I have encountered and worked with more than a few clients who, while trying to save money on legal fees, truly did themselves a disservice with the end results obtained. In this article, I shall set forth several actual scenarios and discuss the losses the clients sustained in trying to save money!

Scenario #1: Wife set common sense aside and chose to believe Husband who promised he “would take care of her”!

With Wife’s faith in Husband’s honesty and integrity, she did not retain counsel, did not file an Answer, and did not attend the final divorce hearing in Greene County, Ohio. On the day of the final hearing, … Read More... “You Get What You Pay For!”

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