Hatcher Law Group Hatcher Law Group
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FAQs

Yes.  A party may seek attorney’s fees and reimbursement of costs when seeking both the establishment of a child support obligation as well as the modification or vacation of the obligation.  In these situations, the court in its discretion may order payment of attorney’s fees.  For a party to be entitled to receive the reimbursement;

            a. The fees must be reasonable given the complexity of the issues, the experience of the attorney, and the rates generally charged by other attorneys of comparable experience in the community;

            b. The person requesting the reimbursement must be an interested party in the case;

            c. The person requesting the reimbursement must be acting in good faith in bringing the claim;

            d. The person requesting the reimbursement must have insufficient means to defray the expense of the suit; and

            e. The court must find as a fact that the party ordered to furnish support has refused to provide support which is adequate under the circumstances existing at the time of the institution of the action or proceeding.

The court is also authorized to order the party making the claim for support to reimburse the reasonable attorney’s fees of the other party if it finds the suit was frivolous.

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