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  • With Costs

    Good morning:
    Can anyone please explain what "with costs" mean.
    My ex will be receiving a letter from my lawyer sometime this week. I am in the process of trying to obtain 50-50 custoday of my child. The ADR clause in my separation agreement calls for mediation first before proceeding to court. My lawyer advised my ex if she will not go to mediation, then I will be "proceeding to court, with cost". Does that mean that my lawyer will be requesting reimbursement of our legal fees if she is unsuccessful? What happens if the judge does not rule in my favour, will I be responsible for her legal fees?
    Thanks for your time.

  • #2
    With Costs mean exactly that, your lawyer will be asking that your ex pay for your legal fees for the motion, given there is a court order that the ex is not following.

    Costs are typically ordered when a motion is brought before the court, that shouldn't be there. There are some other reasons where it may be brought up, but that tends to be the biggest reason.

    It's essentially a penalty for being a dumbass. In your situation, your agreement spells out a method that you MUST use in the event of a disagreement, and your ex is refusing the order.

    Therefore, because your ex is being an unreasonable dumbass, your lawyer is asking that your fees be covered. (because if your ex was being reasonable and following the order, you wouldn't NEED to spend the money to go to court)

    Your ex can (and probably will) counter motion that her fees be covered, depending on the situation in question. (ie. why are you wanting to go to mediation..over what issue(s) ). There is always the possibility of having to cover the other's fees. Without knowing the specifics, it's hard to give you a better answer. The fact you have a clause for disagreements, have requested it be followed and your ex is refusing, places you at a decent chance of recuping SOMETHING of your costs.

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    • #3
      From my understanding, adding ' ... with costs' is just a standard way of telling the other party that you are very confident of your position. I.e. you are telling them that 'you are being unreasonable and will lose in front of the judge'. Of course, even an unreasonable party can say this - it's all part of the 'who blinks first' game.

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      • #4
        In addition to what NBDad mentioned, I do remember asking the lawyer this question when the term costs was brought up. He ssaid that when there is a case to the point where there is a very solid offer on the table that is being turned down your option is only to go to court as the discussion is at a standstill. I had asked him wht if "she" is just steadfast in not accepting what is effect family law and just says no?The lawyer indicated that is why the term "with cost" is used - if you do not ask you do not get and if your decision is the same or better you can get your costs paid by the other party. Nothing is ever garanteed but the more "dumbass" the other party is the higher the award of costs is granted by the judge. It is up to the judge. He also said it was pretty standard to have the clause included as every lawyer thinks their position is the right one for whatever reason they have.
        Last edited by ddol1; 10-04-2011, 08:26 PM.

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        • #5
          with costs, when it has to do with a trial, means that the "successful" party is awarded costs.. that's not to say the litigant is awarded them - his/her attorney is and they have to submit their costs to the court. The hours calculated (including travel time, to and from the courthouse, and breaks, and for the number or "days" in court etc) are submitted to the judge and the party who was "unsuccessful" at trial gets the grand slam total for his/her lawyer, PLUS the other persons - for the costs involved with trial. That said; the "unsuccessful" litigant is given the option to offer a settlement amount.. the costs are usually expected "forthwith" by the attorneys.. easier said than done. If you are awarded costs, what it usually means is that you won - but if you had a lawyer - those COSTS (however much is recovered) go to the Lawyer and not to you personally.

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