Outline · [ Standard ] · Linear+ Attorney Fees, In Pro Per

[DonewithSMC]

My ex filed an order to show cause to modify child support. She wished to include Ostler/Smith for a percentage of my overtime.

Prior to her filing this OSC, she or her attorney did not contact me in order to possibly settle the matter without a hearing.

She works for her attorney and is represented at the rate of $100 per hour. She also types all her own documents (she is a legal assistant at a family law firm).

I am now if Pro Per due to the almost $60K in attorney fees from our original divorce and our first post judgment hearing.

I can no longer afford an attorney even though I make substantially more money than she does.

I am paying off all the prior fees at the rate of $700 per month, pay spousal support to her ($750/mo) and was paying $1610 in child support. (It was increased incorrectly and I have a motion for reconsideration to be heard Nov. 16.)

Again, she is asking for attorney fees. Nothing unreasonable. $700 for HER OSC and now $500 for the responding to the motion for reconsideration.

Here is my question...how can a judge award attorney fees to her when I cannot even afford an attorney myself? She receives her representation at a greatly reduced cost.
Wouldn't this fall under family code section 2030 and 2032?
I just do not have the funds to retain an attorney! How can I get this overturned, how can I keep from having to pay for her fees?

[Jim Reape]

Good question and the good news it was a pro per like you who obtained the leading Appellate Court decision on the issue. Review my post and the case here http://divorcedigestforum.invisionzone.com...=4883&hl=alan+s

[DonewithSMC]

Once again you are wonderful!

I have spend HOURS going over this case.

I will mention this and others during oral argument against her motion for attorney fees.

By the way, she filed an OSC to include Ostler/Smith for my overtime. That is fine with me, it always has been but a new calculation would have to be done.

OC NEVER attempted to request a recalculation and addition of Ostler/Smith prior to filing her OSC. If OC did not make any attempt, how can receive attorney fees?

As it turns out, the judge made five errors in his ruling.
1. He over calculated my income by over $600/month
2. Underestimated HER income by $85/month
3. (new judge) decided that he is going to calculate child support based on HOURS calculation rather than the original overnight calculation
4. failed to include the $460 health insurance premium I pay to cover our children
5. Awarded her boss/attorney (one in the same) attorney fees because they were "reasonable" ($700)...I&E shows I am at a negative every month but she, before child support "breaks even". The court is very well aware that since I am paying off $60k in legal fees due to prior legal issues with my ex, I am broke and have not had legal representation since March, 09. My ex receives her representation "as a part of her employment" at a reduced rate of $100 per hour

[Jim Reape]

Thank you for the kind words. Good luck and keep us advised.
Jim