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  • recouping court costs

    I am currently in the middle of a proceeding to update child support and section 7 expenses. I was forced to file a suit after my ex started complaining about the amount he was paying and after trying to negotiate with him on my own without sucess. My lawyer orignally told me that if I won that I could ask for court costs to be paid by my ex and would probably receive a fair amount. We are scheduled for a settlement conference next month and were preparing for this appearance last night when I was told that this is only the case if we were to go to trial. Is this true? My parents have loaned me the money to pay for my legal costs ($15,000) and they now want me to bring a small claims or civic suit against my ex to make him pay. Thoughts and info please.
    Last edited by scarycheri; 08-20-2010, 10:16 AM. Reason: spelling mistake

  • #2
    Originally posted by scarycheri View Post
    I am currently in the middle of a proceeding to update child support and section 7 expenses. I was forced to file a suit after my ex started complaining about the amount he was paying and after trying to negotiate with him on my own without sucess. My lawyer orignally told me that if I won that I could ask for court costs to be paid by my ex and would probably receive a fair amount. We are scheduled for a settlement conference next month and were preparing for this appearance last night when I was told that this is only the case if we were to go to trial. Is this true? My parents have loaned me the money to pay for my legal costs ($15,000) and they now want me to bring a small claims or civic suit against my ex to make him pay. Thoughts and info please.
    Costs are generally awarded as a punative measure if one of the parties has been unreasonable throughout the court process by delaying the process unnecessarily, negotiating in bad faith or being unwilling to accept reasonable offers which the court believes to be fair and makes an order similar to the said offers.

    Costs can only be awarded by a judge. If he brings you to the brink of court and then settles, costs may not be awarded unless the judge decides that they should.

    I don't think that either you, or your family, will be able to sue him for legal fees you incurred during the process if none are awarded by the judge.
    Last edited by HammerDad; 08-20-2010, 10:25 AM.

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