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LADYLAWYER
LADYLAWYER, Lawyer
Category: Legal
Satisfied Customers: 6531
Experience:  Civil; Family; HOA; Landlord/Tenant; Real Estate; Probate; Insurance; Immigration; Wills & Trusts
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I took my ex back to court for child support and hes mad because

Customer Question

I took my ex back to court for child support and he's mad because his support went from $59 to $400 because I stated in my review that he never sees the child ( he moved 350 miles away 7 years ago) although the custody agreement states 50/50 with me as the primary the visitation has been no where near 50% with him. In addition to us going back to court he also had be served with papers because I claimed her 2 years on my taxes when it was supposed to be his turn, we were to alternate. But being that he only saw her a week or 2 out of the year I figured it was my right to claim her. Now he wants me to pay the lawyer fees in addition to him claiming her for the next to years. Just wondering how a judge might view these circumstances.
Submitted: 1 year ago.
Category: Legal
Expert:  LADYLAWYER replied 1 year ago.

LADYLAWYER : Hello, Thanks for choosing Justanswer.com! I look forward to helping you with legal information today.
LADYLAWYER : Did the attorney file for fees or did your ex do that pro se?
LADYLAWYER : Also, what state is this happening in please?
Customer:

His attorney requested that i pay court costs in the papers i was served today

Customer:

wisconsin

LADYLAWYER : Thank you. Court costs and attorneys' fees are two, separate things. Did he ask for both?
Customer:

yes the paper says court costs and attorney fees

LADYLAWYER : Thank you. Since your case included a claim for modification of child support incident to the change of custody, the court may award attorney's fees, costs and expenses of litigation to the "prevailing" party with respect to the child support claim, regardless of who files the case, and can also require the party seeking a modification of child support to pay their ex-spouse's attorney's fees and expenses for having to defend the case. Ultimately, it's entirely within the court's providence to award fees or not in such a case.
LADYLAWYER : Usually what happens is when a person is looking for representation when facing a petition modification like this, the way the attorney "lessens the blow" of how much the client is going to pay is to say they can go after costs and fees from the spouse that filed the motion.
LADYLAWYER : Once the case is over, the attorney will file the motion for costs and fees but the court doesn't always award them.
Customer:

I'm sure I have nothing to worry about I can clearly prove she has lived with me full time for 7 years, there has been no 50/50, I am on public assistance and am doing this alone so I have no attorney but dont think I really need one. I was just worried that I might get in "trouble" for claiming her when it was my year. I'm not worried about paying fees, I think/hope the commisioner agrees as well. :)

LADYLAWYER : No, you will not get in trouble at all.
Customer:

I meant to say when it wasn't my year

LADYLAWYER : I know :)
Customer:

In your professional opinion what do u think the commisioner will say about the me claiming not on my year? I'm hoping for a good for u young lady! :)

LADYLAWYER : If anything, the commissioner will say he can have the next two years. That was the order as written and even though your ex wasn't seeing her, you needed to petition the court in order to do anything differently than what the court ordered.
LADYLAWYER : They are not seeking a contempt against you; simply an order than the ex gets the next 2 years.
LADYLAWYER : So they are not asking the commissioner to punish you.
Customer:

Yeah, that's kind of what I was thinking too and mean while file a motion for full custody, even though I already have it it's not official. Thanks for your help, I can sleep a bit better tonight!

LADYLAWYER : You are so welcome! If you have any further questions, I am happy to answer them! If not, would you kindly consider a positive rating at this time? It costs you nothing further to do but it is the only way the site will compensate me. Thanks so much!
Customer:

You have been most helpful and I think all my questions have been answered! I gave you an excellent review!

LADYLAWYER, Lawyer
Category: Legal
Satisfied Customers: 6531
Experience: Civil; Family; HOA; Landlord/Tenant; Real Estate; Probate; Insurance; Immigration; Wills & Trusts
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