Paying Attorney Fees for Unemployed Spouse
Missouri
I just received the counter-petition from my STB ex-husband. He is requesting me to pay his attorney's fees. The statement in the counter petition is he has limited financial means.
Facts: 1. He has been unemployed since August of 2009. Of his monies, only $150.00 of them were paid towards household expenses. The rest he spent on computers and tools (I have the receipts).
2. He hired one of the most expensive lawyers he could. I have no idea how he and his family came up with the retainer, but he did.
3. He is capable of being gainfully employed, but has refused to take jobs because he didn't want them ("beneath him") or they wouldn't pay him what he "is worth."
4. And - he can't find a job because he is a DUI felon and people won't hire him.
Knowing these "Facts" do you think the court will award him this? I know courts are unpredictable, but I am flabbergasted he and his lawyer have requested this. He could have received legal aid....any thoughts?
Thank you in advance.
Re: Paying Atty's Fees for Unemployed Spouse
Items 3 & 4 are actually somewhat contradictory - if people won't hire him, he's not exactly capable of being gainfully employed, you know?
Anyway. Nobody can guess, really. I've seen stranger things happen though - maybe if you tell us the past history we'll have a better idea?
It's very common for both sides to request the other side pay court costs.
Re: Paying Atty's Fees for Unemployed Spouse
Actually, items 3 and 4 are interrelated for they are both excuses as to why he would not try to get a job. He would fill out his required two applications online and receive his unemployment debit card.
He can work. He is not disabled. He may have a felony DUI, and that is a strike against him, but it is not a strike from fate - he is paying the price for being a drunkard.
Basically, the guy doesn't work, he lives with his mother and does not pay rent.
He does have enough money to buy beer, buy computer gadgets and spend hundreds on mitersaws and power washers.
Note, he was not a stay at home dad. He did have a job, even when he was on work release. He used to contribute to the household finances. It wasn't until he became unemployed and we moved into a house that he quit paying. It's because the state awards debit cards, not checks.
I could understand an individual requesting the attorney's fees be paid if one had contributed significant time and effort towards the marriage (like raising children, keeping house), but we haven't even been married 5 years and he did not cook, clean, take care of the baby. When he was unemployed and at home he didn't want to watch our daughter because she would get in his way.
Re: Paying Atty's Fees for Unemployed Spouse
Is the request being made under the following statute:
Quote:
Quoting RSMo 452.355. Allocation of cost of action and attorney fees by court--actions for failure to pay child support, reasonable costs and attorney fees to be paid by obligor, when--definitions.
1. Unless otherwise indicated, the court from time to time after considering all relevant factors including the financial resources of both parties, the merits of the case and the actions of the parties during the pendency of the action, may order a party to pay a reasonable amount for the cost to the other party of maintaining or defending any proceeding pursuant to sections 452.300 to 452.415 and for attorney's fees, including sums for legal services rendered and costs incurred prior to the commencement of the proceeding and after entry of a final judgment. The court may order that the amount be paid directly to the attorney, who may enforce the order in the attorney's name.
2. In any proceeding in which the failure to pay child support pursuant to a temporary order or final judgment is an issue, if the court finds that the obligor has failed, without good cause, to comply with such order or decree to pay the child support, the court shall order the obligor, if requested and for good cause shown, to pay a reasonable amount for the cost of the suit to the obligee, including reasonable sums for legal services. The court may order that the amount be paid directly to the attorney, who may enforce the order in his name.
3. For purposes of this section, an "obligor" is a person owing a duty of support and an "obligee" is a person to whom a duty of support is owed.
4. For purposes of this section, "good cause" includes any substantial reason why the obligor is unable to pay the child support as ordered. Good cause does not exist if the obligor purposely maintains his inability to pay.
That type of law is not unusual, allowing a spouse who has few assets to nonetheless be able to afford representation when the marital estate is controlled by the other, more affluent, spouse. Often the fees are treated as an advance against the spouse's share of the marital estate.
Are you represented?
Re: Paying Atty's Fees for Unemployed Spouse
I'm not entirely sure what it is you want to hear.
It's common practice, as I said, for both sides to request the other pay legal fees. Much may depend upon the nature of the petition.
The law frankly doesn't care about your parenting arrangement during the time you remained married.
Re: Paying Atty's Fees for Unemployed Spouse
Mr. Knowitall,
The statute was not cited. Yes, I have representation. My attorney's argument is - the guy can work. There is nothing stopping him from getting a job and being gainfully employed. He can go ahead and petition for payment of attorney's fees. Doesn't mean he'll get them.