Question on fees

[HappyHCMom]

In California, if one parent (NCP) has more money than the other (CP), does that mean that the NCP will HAVE to pay attorneys fees for the CP?  I've been going around and around with the attorney on this case.  CP has over $28K in her bank account, yet she continues to ask NCP to pay her fees.  He's a high earner, and she's claiming that she can't pay.  The attorney for NCP in this case seems to be rolling over on it and saying that he needs to pay according to CA law, and I'm just not buying it.  

[mistoffolees]

I don't know about CA, but in OK, attorney's fees are wide open. It is generally assumed that each party pays their own or that they're taken from marital assets, but the judge has a lot of discretion. If one party has been intentionally dragging things out, they may end up paying some or all of the other side's legal expenses. Or, if one side has a dramatically greater income or net worth, they might pay part of the other side. However, it's considerably less likely here that it will be an asset issue since assets are almost always split right down the middle.

[HappyHCMom]

This isn't a divorce, although you'd think it was with what the CP is pulling as far as support, etc.
NCP is high earner, she is hiding money so it looks like she makes/has nothing.  She's been asking for her fees to be paid since day 1, and so far his attorney has had him pay them.  It wasn't until we started questioning why that the attorney said it's based on need.  Our thoughts are that she doesn't NEED him to pay the fees, she just WANTS him to.  I'm wondering if there isn't some kind of agreement between the attorneys where his said that she'd get him to pay the fees.  

[mistoffolees]

In that case, my gut says that I'd just ignore her request for money and stop paying the bills. Let her go to court and try to collect it. Once she goes to court, you can subpoena all her records. I'd also ask your attorney why in the world he's rolling over. I don't know ANY court system that automatically assumes that one party has to pay the bills for both sides before the court rules that way.

No one can MAKE CP pay except the court.

[HappyHCMom]

THANK YOU!

That just echoes my thoughts exactly.  We've subpoenaed all of her records and there is a LOT of cash unaccounted for - we think she's got another account somewhere.  But my thought has been to fight fight fight on the fees.  It's just ridiculous.  I think that if she had to pay her own fees, this fight would have been over a year ago.  grrrrrr

[mistoffolees]

It still doesn't make sense. What issue is involved? IOW, if you're trying to get something from her (support, etc), then you have some incentive to try to settle this.

Assuming that the facts are not significantly different than it sounds like, I'd either have your current attorney file for an immediate judgement in your favor and for the ex to reimburse all the legal expenses or find a different attorney.

If child support is at issue, you have fairly broad leeway to subpoena her. I think I'd ask for a copy of her credit report which would presumably have hidden accounts on it.

[HappyHCMom]

It's CS for her.  She's refusing to work, won't give up any time over 5 hrs/day - because NCP pays more CS the less time that he has with him.  It's all about the money, unfortunately.  NCP is considered high earner, has considerably more money than she does, but she has income from side job (at home) and has been hiding it.  She's getting over $3K/month now for one child (2 year old) and wants TWICE that.   I think the attorney for him is not the best....

[Jade]

>In California, if one parent (NCP) has more money than the
>other (CP), does that mean that the NCP will HAVE to pay
>attorneys fees for the CP?  I've been going around and around
>with the attorney on this case.  CP has over $28K in her bank
>account, yet she continues to ask NCP to pay her fees.  He's a
>high earner, and she's claiming that she can't pay.  The
>attorney for NCP in this case seems to be rolling over on it
>and saying that he needs to pay according to CA law, and I'm
>just not buying it.  

Ask for a copy of the law or where you can find it yourself.  This way, you will know for sure.  In my state, we pay for our own legal fees unless one party is being excessively unreasonable.