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Roger, Attorney
Category: Family Law
Satisfied Customers: 30897
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My wife filed a motion for me to pay for her attorney fees

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My wife filed a motion for me to pay for her attorney fees for a divorce I filed back in Oct. of 2012 She is claiming that she has no money, and is disabled to work. No evidance of this at all. She took a medical leave from her work 9 months ago. During our 20 year marriage I have saved a lot of money, she never wanted to comingle bank accounts. She continuse to live in the home I bought in 1989 and then I was married to her in 1992. I finished paying for the home in 2010. Not one dime from her to help pay for the mortgage. I have been vacated from the home for 2 years know for false allegations which I cannot prove I did not do, which will be over in a couple weeks.
So would a judge force me to pay for her attorney fees to battle my lawyer in the beginning of divorce trials. She is asking for $10,000.00. Also up to two weeks ago she had a maid coming to the house for the past two years costing her appox. $150.00 a week. And at pre trial a couple weeks ago she stated that she removed $20,000.00 from her 401k to pay for her living expenses. Up to this point she finally came to the pre trial for divorce. Also this is a woman who has every year for the past 15 years made $65,000.00 a year up to her medical leave 9 months ago when she heard that I filed for divorce.
What should I have ready to battle this insanity?

Hi - my name is XXXXX XXXXX I'm a Family Law litigation attorney. Thanks for your question.

It is POSSIBLE for a spouse to ask the judge to order the other spouse to pay for the cost of his/her attoreny, but it's usually only allowed IF the requesting spouse can prove that he/she has no income, savings, or other money to pay for it on his/her own.

Thus, if your wife has savings, a job (income), etc., it would be unlikely for a judge to order you to pay. Most of the time, a judge will order one spouse to cover the legal expenses of the other if the other spouse doesn't work/stay at home parent/spouse, etc.

So if your wife has income or money, the judge should be reluctant to order you to pay just because you can.

Customer: replied 3 years ago.

So how do I prove she has money, or any income? I know she has a 401K which she stated that she has 60k and removed 20k. So next week she states to the judge she does not have any money, has not worked in 9 months due to a medical leave. Has no income amd no benifits. And I have alot of money saved in my bank account. Is this enough for her to persuade a judge to order me to pay her lawyer costs?

She'll actually be the one who has to show the judge/court that she doesn't have income to afford an attorney. She'll have to disclose income statements, bank statements and other account statements to prove her claim.

You can also ask the court to compel her to provide this proof to the court. The judge won't just take her word for it - - he will require proof.
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