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xavierjd
xavierjd, Lawyer
Category: Family Law
Satisfied Customers: 3400
Experience:  20 yrs exp. in divorce, custody, visitation & support .
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My exs attorney filed a petition for fees in the fall of 2011.

Customer Question

My ex's attorney filed a petition for fees in the fall of 2011. They have not provided a copy of her 2011 income tax return, can my attorney request that from the court? how far back do they typically go? relative to petition for fees
Submitted: 1 year ago.
Category: Family Law
Expert:  xavierjd replied 1 year ago.
Thank you for using JustAnswer.com It will be my pleasure to assist you today.

Was the Petition for fees ever heard by the judge?

If so, what was the outcome?

Thanks
Customer: replied 1 year ago.

Sorry for not following up sooner, had a problem with my computer. The petition for fees is still pending, they're going to address it near the end of the trial which will probably be within the next couple months.

Expert:  xavierjd replied 1 year ago.
Hi Dan,

If your attorney requested your soon to be ex's 2011 tax returns pursuant to a discovery request, s/he can file a Motion to Compel Discovery. Usually, if that type of motion is filed, the other side will cave in and provide you the documents. If the other side doesn't cave in and the matter proceeds to court, the judge CAN order that the other side turn over the documents within a certain number of days. Sometimes, the judge will give the side who didn't turn over the documents, a week or so to do so. Your attorney can also ask for costs and attorney fees for having to file the motion. If the other side doesn't comply, your attorney can file a Motion and Show Cause why your soon to be ex shouldn't be held in contempt of court for failing to comply with the court's order.

As far as your soon to be ex's petition for attorney fees, depending on what type of fees are asked for, the judge MAY go back to the beginning of the divorce. For example, if your ex is asking that you pay all or a portion of her attorney fees (because she has no money and you do, or because you were the cause of the break up, etc.) the judge may have indicated that s/he would take the issue "under advisement." "Under advisement" means that s/he won't make a decision until the end of the divorce proceedings.

If your soon to be ex's Petition for Attorney Fees was to make you pay for a portion or all of her attorney fees for the divorce, the end of the proceedings, the judge may order you to pay a portion, all, or none of your soon to be ex's attorney fees. You should speak to your attorney about how your specific judge usually handles a Petition for Attorney Fees. All judges are different, and have much discretion in making such a decision. If your divorce settles without a trial, your attorney can make a dismissal of the Petition for Attorney Fees part of the divorce settlement.

If your ex's Petition for Attorney Fees was for a specific reason (for example you failed to turn over documents, you filed what your ex thought was a "frivilous" motion, etc.) the Judge may, again, have taken the Petition "under advisement." If your divorce settles without trial, your attorney can make the dismissal of the Petition as part of the divorce settlement.

I hope you find this information useful.

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back. I am happy to address follow-up questions. If you are satisfied with my answer, please rate it as "excellent" or in another positive manner. That is the only way that I can get credit for answering the question.

Thank you for your business!

XavierJD
xavierjd, Lawyer
Category: Family Law
Satisfied Customers: 3400
Experience: 20 yrs exp. in divorce, custody, visitation & support .
xavierjd and 3 other Family Law Specialists are ready to help you
Expert:  xavierjd replied 1 year ago.
Hi Dan,

Thank you so much for the "excellent service" rating! It is greatly appreciated and I am glad that you found the information useful.

If you have future questions, you can specifically request me by name as the expert.

Thanks again,

xavierjd

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