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Experience:  15 years exp all aspects of general law
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In South Carolina, if you file an action for Contempt of Court

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In South Carolina, if you file an action for Contempt of Court (in Family Court) and do not win that or prevail, do you have to pay attorney fees for the winning side?

Hello there


Not automatically, no you will not have to pay lawyer's fees. You see, in the US, each side pays their own lawyers fees whether they win or lose unless the judge actually issues an order stating that the loser must pay the legal fees of the winner. Typically in a domestic family law case a judge will not issue such an order unless one side is being particularly harassing to the other side and keeps bringing the other side back into court over and over again for matters that the court believes should not continue to be brought up in the court at that time. So, in this situation attorney fees will not automatically be awarded to the winner unless the winning party requests the fees be paid and the losing side in the argument has a history of bringing frivolous motions and actions against the other side. If the party who lost the contempt hearing is facing such a request for legal fees from the winning side then the party who lost must ask that the winner NOT be awarded legal fees and give all of the reasons why he/she was within their rights to bring the action/motion against the other side (and if there is no other real history of many motions being filed in this case by the losing side, it should be pointed out to the Judge).


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