Legal Question in Family Law in California
when mother breaches the settlement agreement
Mother breaches our court order and I have re-filed to modify visitation,support and enforcement of the court order. If the court finds that my request is warrented, do I have to pay for Respondent/mothers attorney fees? I am representing myself. I am asking for deduction in support because my wife just had a baby.
2 Answers from Attorneys
Re: when mother breaches the settlement agreement
it is up to the judge
Re: when mother breaches the settlement agreement
Attorney's fees are awarded based upon a substantial difference of income between the parties. They can also be awarded based upon a lack of good faith dealing by the parties, such as a violation of a court order. So yes, you could be ordered to pay her attorney's fees, but you have the argument that you are back to court because of violation of the court order. Good Luck, Pat McCrary
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