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I am working on my Final Visitation Order. On the issue of

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I am working on my...
I am working on my Final Visitation Order. On the issue of Attorney's Fees and related costs, is it reasonable to request the Plaintiff to pay since they were the party to move out of state to save career. The Plaintiff in the temporary visitation order hearing stated it was her intention to return to South Carolina. She has since purchased a home in Texas and remarried in the two years since leaving the state with my children.
The related costs would be the money I had to pay a substitute to cover my classroom and prepare my court case.

Could they come back and ask for attorney fees for the costs associated with the actual divorce?

Thanks.
Submitted: 4 years ago.Category: Family Law
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5/26/2013
Family Lawyer: AlexiaEsq., Managing Attorney replied 4 years ago
AlexiaEsq.
AlexiaEsq., Managing Attorney
Category: Family Law
Satisfied Customers: 13,580
Experience: 19+ Years of Legal Practice in Family law matters.
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Hi, my name is XXXXX XXXXX I thank you for your inquiry. I have been practicing family law for 19+ years and look forward to assisting you.

I am working on my Final Visitation Order. On the issue of Attorney's Fees and related costs, is it reasonable to request the Plaintiff to pay since they were the party to move out of state to save career. Would you need a visitation order here if she/she didn't move out of state to save career? if so, then it is not really clear why you are trying to draw the connection, since the move has nothing to do with the fact that the attorney needs to be paid with or without the move.

The Plaintiff in the temporary visitation order hearing stated it was her intention to return to South Carolina. OK. She has since purchased a home in Texas and remarried in the two years since leaving the state with my children. It is not unusual for plans to change once someone falls in love, finds a mate, etc. I am not clear here - 2 years ago, are you saying she got custody and permission to move to TX with the kids - while indicating she, despite moving to TX, did plan on moving back to SC one day? And you indicate it was a temp order, so it would seem that at that time, you'd be handling a permanent order anyway.

The related costs would be the money I had to pay a substitute to cover my classroom and prepare my court case. If you are pro se, then you did not incur attorneys fees, is that correct? Generally, you can't successfully request fees that you didn't actually have to pay, unfortunately.

Could they come back and ask for attorney fees for the costs associated with the actual divorce? In theory, yes - but typically, those requests are done AT THE TIME of the litigation. For instance, if one makes a motion for XXX, they will include in that request
, a request for attorneys fees to be paid by the other party. And often, a judge will look at which party wrongfully caused the need for a Motion (and that expense) - if it was wrongful - in an attempt to avoid incentive for a party to wrongfully file or cause to be filed, motions. The courts tend to realize that the litigation itself can be a form of harassment, or a method for one party to make sure the other party is spending all its money in a wasted way - and so can thwart that by making the "bad" party liable for attorneys fees.

I hope this helps! My goal is to provide you with excellent and accurate service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions. Kindly rate me "excellent" when you are done. I look forward to assisting you in the future, should you have legal questions.

Sincerely,

Alexia Esq.

AlexiaEsq.
AlexiaEsq., Managing Attorney
Category: Family Law
Satisfied Customers: 13,580
Experience: 19+ Years of Legal Practice in Family law matters.
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