How to Request Interim Attorney Fees in Divorce Cases in Montgomery County, Ohio
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:
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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.
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Who is the “economically disadvantaged” party or spouse?
The “economically disadvantaged” party or spouse is the one