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  • Who pays legal fees

    When going to court for CS who pays the legal fees? Are you responsible for your own or would the higher income earner be responsible for more of the fees?

    Thanks.

  • #2
    Each party is responsible for their own legal costs. Sometimes the judge will order one party to pay some or all of the other party's legal costs.

    Legal costs paid for the purpose of securing CS payments are tax deductible. I'm not sure where the boundary line is e.g. what if there are large legal costs, but the judge only orders a small increase in the current CS level; or how are costs split between CS and other issues that might be in front of the judge e.g. custody and access.

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    • #3
      Are you saying that instead of paying the fees out-right the judge would add the cost to the CS payment?

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      • #4
        If both party are reasonable when it comes to offers before going to court, you are both responsible for legal expenses.

        If one of the two would be completely unreasonable, the judge may decide to award legal fees against that party.

        Also, from what my lawyer told me, this depends on the judge.

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        • #5
          If you are awarded costs, your lawyer will bill your ex for the prescribed amount. My experience is you will not even see the bill.

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