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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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I recently received a response from the attorney of my ex fiance

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I recently received a response from the attorney of my ex fiance on the Petition for Custody, Child Support and Parenting time that I served her with. In this response, they are requesting that a judgment be placed on me for the fees of her attorney in the amount of $3500 according to Arizona statute 25-324, 403.08, 504R and 809G. Why would I have to pay for her attorney fees if she seeked him on her own? I also happen to know that this was encouraged and brought on by her parents who also provided these initial attorney fees. What is the likelyhood that this will fall in her favor? Is it recommended that I seek my own attorney to fight this request?

Thank you for your question. Please permit me to assist you with your concerns.

Typically the request for attorney fees is based on two situations. First, if for some reason you brought on this petition or were in some sort of violation, then she could demand that you cover costs. The second is if there is a financial disparity between you AND you owe some sort of a financial obligation or benefit to her. I really do not see either of those as valid. But I would still very strongly urge you to consider retaining counsel especially if her attorney can somehow may those claims stick.

Good luck.

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Customer: replied 4 years ago.

I'm not in any violation in my filings...the court will rule on my child support benefit due to her at the end of these proceedings. As far as financial disparity, I do make 3x as much as she does. If I am to retain counsel, would this even the playing field to where these requests could be denied or could I still be subject to paying for my retainer and her attorney fees as well? This just seems completely unfair and a double edged sword either way I analyze it......

Thank you for your follow-up, Leo.

In terms of financial disparity please notice that I stated that you also had an obligation to cover her costs, for example if you were married to her. But if you are now both legal strangers to one another, that financial disparity is not at issue if you are not violating any internal agreements between one another. The reason I suggested counsel is to have the attorney make such arguments and not you, and point out through counsel that her petition is either frivolous or unnecessary but it is not brought on by your misbehavior or some manner of breach, which is why suing you for costs is no longer viable. It is still possible that you may lose on some basis, but this absolutely strengthens your position and your argument.

Hope that clarifies.

Dimitry K., Esq. and 8 other Legal Specialists are ready to help you