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  1. #1
    Join Date
    Oct 2015
    Posts
    4

    Default How to Oppose a Petition for Attorney Fees

    My question involves a child custody case from the State of: Nevada

    How can I request the judge not to a lot attorney fees to the plantiff? I am the defendant.

    I highly value your time and help in finding the best course of action. Thank you.

    ----
    History:
    On Sep 02, 2015 I received a letter from my ex wife's Attorney. Stating that they want reevaluation of child support, modify the custody order and that the plaintiff will be demanding attorney fees. I have 2 weeks to respond with my tax returns otherwise they will file the motions.

    Incident:
    2 days before the last day of responding the letter. I called the attorney to request a convenient time for me to stop by and drop off the tax returns as well as discuss the custody issue. I wanted to mediate.

    During our conversation:
    Attorney refused to meet with me in person to discuss the custody and insisted to drop of the requested tax returns at the front desk and or via mail. I even mentioned what my intent was He was very stubborn and mentioned there is no need to have a face to face conversation regarding the matter. Just drop of the tax returns. He also mentioned that child support is a basic math he will calculate.

    My Course of action:
    If an attorney doesn't wanna discuss the custody and is not trying to mediate he is not in the best favor of the child. That why he doesn't wanna talk face to face with the other party.
    As I am representing myself I decided not to hand over my tax returns to the Plantiffs attorney. Ill filed the necessary motions myself and served him the financial disclosure and other docs on the last day of response to his letter. I also requested judge to order mediation though the family help center. Which was granted.

    Opposition:
    The attorney filed the opposition...in the opposition he mentioned the plantiff should be awarded attorney fees. Bcz the defendant refused to cooperate and abruptly filed the motions. They wanted to mediate and negotiate outside the court and the defendant by filing the motions made the attorney start billing his client. And that he has been practicing form last 19 years etc.

    NOTE: There are other facts in the opposition filed which are not true and I will address them with facts and proofs. Showing the judge that the attorney didnt do his home work and is misleading the case. For example that i am not stable...try to distract court. However, I have always maintained employment and a residence close to my work and that I do not have a car seat and that I change cars a lot. 1 traffic ticket in last 5 years. No criminal record. moving up in my profession. good healthy habbiist. etc.

    My Reasoning is this:
    If he had the best interest of the child he should have meet me face to face when I requested.
    I agreed to negotiate by meeting face to face . He refused so he is not or was not trying to mediate.
    If the Plantiff cannot afford the attorney fees. then they could have gone to court directly, go to the legal help center and or call the district attorneys office for child support evaluation. All these resources are free for the families that cannot afford attorney fees. As I cannot. So I represent myself by learning doing home work and for the best interest of the child. To protect the rights.
    And if the Plantif wants to mediate they can do it for free or a small amount with the court assigned mediator. I dont know if i cannot afford I find resources that can employer me to protect my and child's rights.

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: How to Oppose a Petition for Attorney Fees

    Are we speaking of a petition for attorney fees alleging bad faith conduct on your part?
    Quote Quoting NRS 125C.0689.  Costs and attorney’s fees.
    In addition to other relief provided by the laws of this State other than NRS 125C.0601 to 125C.0693, inclusive, if a court finds that a party to a proceeding under NRS 125C.0601 to 125C.0693, inclusive, has acted in bad faith or intentionally failed to comply with NRS 125C.0601 to 125C.0693, inclusive, or a court order issued under NRS 125C.0601 to 125C.0693, inclusive, the court may assess reasonable attorney’s fees and costs of the opposing party and order other appropriate relief.
    If so, you would respond to the facts in the petition and try to convince the court that the allegations are not true, and/or that the alleged conduct does not rise to the level that would support an award of attorney fees.

  3. #3
    Join Date
    Oct 2015
    Posts
    4

    Default Re: How to Oppose a Petition for Attorney Fees

    Are we speaking of a petition for attorney fees alleging bad faith conduct on your part?

    That is part of the allegation along with others. To show the court that I am an unfit father.

    Ref: Back in 2010 during the divorce proceedings and child visitation case she had the same allegations and nothing was awarded / approved. She even had the drug use allegation and i went for the tests and evaluation. Plaintiff was proven incorrect.

    - - - Updated - - -

    Quote Quoting Mr. Knowitall
    View Post
    Are we speaking of a petition for attorney fees alleging bad faith conduct on your part?

    If so, you would respond to the facts in the petition and try to convince the court that the allegations are not true, and/or that the alleged conduct does not rise to the level that would support an award of attorney fees.
    Thank you for your time and helping me with this.

  4. #4
    Join Date
    Nov 2007
    Location
    Officially across the country from where I've been all my life
    Posts
    4,494

    Default Re: How to Oppose a Petition for Attorney Fees

    You don't get to pick and choose whether the attorney sits down with you face to face, thereby running up your ex's attorney fees....

    Unless that is, you were willing to pay for the face to face meeting.

  5. #5
    Join Date
    Feb 2015
    Location
    California
    Posts
    14

    Default Re: How to Oppose a Petition for Attorney Fees

    Respectfully, Court Clerk,

    If he is representing himself, and does not have an attorney, the opposing attorney is supposed to treat him as if he were an attorney, and meet with him for negotiation. If the OP had an attorney, that attorney would have increased the ex-wife's legal bills as well because the opposing attorney would have met with that OP's attorney. By refusing, the opposing attorney was forcing an escalation of the issue.

    Things I learn from my attorney friends...

  6. #6
    Join Date
    Nov 2007
    Location
    Officially across the country from where I've been all my life
    Posts
    4,494

    Default Re: How to Oppose a Petition for Attorney Fees

    There is no OBLIGATION to meet with him outside of court. Period.

  7. #7
    Join Date
    Jun 2015
    Posts
    988

    Default Re: How to Oppose a Petition for Attorney Fees

    The problem is that EX has hired a professional gunfighter...and your odds are akin to taking a rubber knife to a gunfight and other person shows up with AK 47...and to some extent even if her odds of fee recovery are low...a big bill still is a big danger. Not wise to,go in with rubber knife.

  8. #8
    Join Date
    Nov 2007
    Location
    Officially across the country from where I've been all my life
    Posts
    4,494

    Default Re: How to Oppose a Petition for Attorney Fees

    Quote Quoting HRinDEVON
    View Post
    The problem is that EX has hired a professional gunfighter...and your odds are akin to taking a rubber knife to a gunfight and other person shows up with AK 47...and to some extent even if her odds of fee recovery are low...a big bill still is a big danger. Not wise to,go in with rubber knife.
    This.... is the best response ever. I actually laughed at the rubber knife to a gunfight.

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