Announcement

Collapse
No announcement yet.

ex can ask you to pay her legal fee?

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • ex can ask you to pay her legal fee?

    If the ex has no income and is receiving spousal support, she can ask you to pay her legal fee, so you have to pay both legal fee when you fight against her in the court. Is this true? If you have no enough income to pay both legal fee, what will happen?

  • #2
    Your ex can ask anything.

    You are not obligated to pay her legal fees, unless the court has ordered it. The court will order it if it feels that the costs could have been avoided.

    Comment


    • #3
      Not really true.

      However a person who pushes it to court and loses could end up paying the others legal fees if ordered by a judge. It's called "Costs", either party filing a claim in court can seek costs. It does not mean you will get them.

      Comment


      • #4
        Yes, this is true.

        To better explain this, see the Ontario Courts of Justice family law rules:
        Courts of Justice Act - O. Reg. 114/99

        See "RULE 24: COSTS". Also, be sure to read up on Rule 18: Offers to Settle

        Comment


        • #5
          Looks like we had a few responses, all while we were typing them up. :-)

          If it goes to court, then one can ask for "costs" to be awarded or considered. But it all hinges on the rules for awarding costs, if any, and what a judge determines.

          If she was offering 50/50 all this time, and you went to court and ended up getting 50/50, costs could likely be awarded against you (this is a really simplified example).

          If she was demanding sole custody, and wouldn't take any offer for 50/50, and you ended up with 50/50 shared custody, or 60/40 shared custody, or some other form of joint custody, then if you asked for costs, you may be awarded costs for having to go to court.

          Comment


          • #6
            If this was simply a matter of spousal support, (since that is mentioned in your original post), and she was asking for x amount, and you only wanted to pay y amount, costs could be awarded depending on what amount of spousal support was ordered in the end.

            If she got better or the same as what she was originally asking for, you may have to pay her 'costs', because court ordered something that was basically the same, as what she was apparently offering, from the beginning.

            Comment


            • #7
              Thanks guys! What I mean is that recently I heard the ex can ask for the man to pay the legal fee in advance no matter she win or lose the case just because she has no income and you have the income. Is this true? I think the ex has only the right to ask help from legal aid in advance, not me, am I right?

              Based on my common sense, if she isn't qualified for the legal aid, she may still find a lawyer who is willing to represent her because the lawyer think she can win the case and ask me to pay back later, but how about she lost the case, where the lawyer get his legal fee? So if there is a lawyer who is willing to take her case, that means her case is strong and may have bigger chance to win, right?

              Comment


              • #8
                The only way you would be on the hook for her legal/lawyer fees, is through court, and if a judge awarded her costs, against you.

                She has to come up with her own legal/lawyer fees, prior to court, on her own. lol. Either through her own money, legal aid certificate (if she qualified), borrowing her own money from banks/friends, etc...

                Just because a lawyer takes on her case, does not mean she has a "stronger" case.

                Comment


                • #9
                  Originally posted by dad2bandm View Post
                  The only way you would be on the hook for her legal/lawyer fees, is through court, and if a judge awarded her costs, against you.

                  She has to come up with her own legal/lawyer fees, prior to court, on her own. lol. Either through her own money, legal aid certificate (if she qualified), borrowing her own money from banks/friends, etc...

                  Just because a lawyer takes on her case, does not mean she has a "stronger" case.
                  Your reply is very fast and professional! Thank you very much! I am reading the Ontario Courts of Justice family law rules you posted. It really helps!

                  Comment


                  • #10
                    It's not as black and white as you are describing.

                    Your ex is entitled to half the assets (and debts) from the marriage. Usually lawyer's fees would come out of the profits from selling and splitting the matrimonial home, for example. So if you were the primary income, those assets probably came from you in the first place.

                    Or, if you cannot agree and end up in court, a judge may order costs against the losing party, if the judge feels that they could have avoided court altogether if they had just accepted a fair offer in the first place. So the loser often pays the winner's legal fees (in addition to their own). It had nothing to do with who has the income, or who is the man or woman.

                    Comment


                    • #11
                      If you take any advice from this forum (or other family law sources as well), take this advice - make sure to "educuate" yourself.

                      You need to do this. It will help protect you, and your kids (if any). Don't count solely on any lawyer you obtain either. You must be educated, to make sure your lawyer works for you.

                      Comment


                      • #12
                        One other thing to note - you are responsible for paying your lawyer, not your ex, so even if you were to win costs, your ex could claim bankruptcy and you would still owe your lawyer.

                        It's called being 'judgement proof'.

                        Comment


                        • #13
                          Originally posted by Rioe View Post
                          Usually lawyer's fees would come out of the profits from selling and splitting the matrimonial home, for example. So if you were the primary income, those assets probably came from you in the first place.
                          If I win the case and we sold the house and get 50% each, I think her legal fee should be paid from her 50%, not my 50%, am I right?

                          Comment


                          • #14
                            Originally posted by dad2bandm View Post
                            If you take any advice from this forum (or other family law sources as well), take this advice - make sure to "educuate" yourself.

                            You need to do this. It will help protect you, and your kids (if any). Don't count solely on any lawyer you obtain either. You must be educated, to make sure your lawyer works for you.
                            Thanks again! Yes, many lawyers charge huge amount and do poor jobs. Sometimes they are less helpful than the people on this forum.

                            Comment

                            Our Divorce Forums
                            Forums dedicated to helping people all across Canada get through the separation and divorce process, with discussions about legal issues, parenting issues, financial issues and more.
                            Working...
                            X