Q: Need attorney fees paid by the (losing) monied party, on an emergency basis, so I can continue to fight for my daughter's best interests and needs in family court. Underlying multiple petitions is her father's sudden, unexpected relapse, we fled family home, lost all our belongings, dad became violent, we got an order of protection, and he has stopped paying all her customary expenses. Received judgment two weeks for back child support, incl. unpaid medical bills, etc. Judge has not even written order yet, or sent it to the other party. Took $6,700 and over 8 months to get judgment. Need to recover the $6,700 NOW to hire an atty. I still have to fight for upward modification of support and win physical custody. Family court will drag on at least another 6 mos. Forms? Order to show cause?
A: David's Answer: Generally an attorney's fees motion must be filed by your attorney. The reason is that the attorney generally needs to submit an affirmation including his/her retainer, invoices as well as a description of what services they provided, their experience & why fees are justified. If the attorney handling your divorce is not willing to do it, then you'll need to hire another attorney to do it. Speak further with a Family Law attorney in your area. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
I am a former Family Court prosecutor and handle all divorce and family law matters, including contested and uncontested divorces, child custody/visitation, child support/paternity, adoptions, family offense (orders of protection), child abuse/neglect and juvenile delinquency. I practice primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). My website can be found at www.blivenlaw.net.
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