Legal Question in Family Law in Michigan
Recovering attorney fees for a paternity case
Hello. Recently, I was involved in a paternity case in which I was found not to be the father. Because of harrassment, and a clear agenda on the mother's part, I hired an attorney and wound up spending $1500 to uncover the truth in the case before actually taking the DNA test.
I am persuing the reimbursement of my attorney fees in small claims court, since the case was dismissed before my attorney could petition the court for reimbursement, by the mother, for his fees and expenses.
Any advice or things I should know before my court date in April? Do I have better than a 50/50 shot at getting the judgement against her?
She has already informed me that she will file bankruptcy to avoid having to pay, if the judge rules in my favor. Thank you for your time.
1 Answer from Attorneys
Re: Recovering attorney fees for a paternity case
If the case was filed in total bad faith, you could receive costs and fees in the other case (the paternity case). You would have to sue for malicious prosecution in the small claims case. It would be hard to win as long as you had any sexual involvement with her at any time in which she could have conceived the child.
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