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Attorney’s Fees

In child support modification cases, the court may award attorney’s fees, costs, and expenses of litigation to the prevailing party as the interests of justice may require. Where a custodial parent prevails in an upward modification of child support, based upon the noncustodial parent’s failure to be available and willing to exercise court ordered visitation, reasonable and necessary attorney’s fees and expenses of litigation shall be awarded to the custodial parent.

Attorneys do have to charge legal fees, however, I will use every law and statute to have your ex pay all or a portion of your legal bill when possible.

In the Superior Courts of the State of Georgia, including the counties of DeKalb, Gwinnett, Cobb and Fulton, a party may be awarded attorney’s fees and costs of litigation in certain instances:

 

  • Available in Divorce, Alimony, or Contempt action arising out of Divorce or Alimony case. The award is in the Court’s discretion but the Court must consider the financial circumstances of both parties. An award under this section is to level the economic playing field, it is not for wrongdoing or to punish. This statute is to ensure effective representation of both parties so that all the issues can be fully and fairly litigated. (O.C.G.A §19-6-2)
  • Available in Temporary Awards in Divorce or Alimony cases. Allows parties to meet exigencies arising out of domestic crisis pending proceedings for divorce. Fees are within the discretion of the Court. (O.C.G.A §19-6-3(a)
  • Available in Custody cases other than divorce, Modification of Custody or Visitation. Reasonable attorney’s fees and other costs are to be paid in proportions. The Court is not required to consider the Parties’ financial circumstances. (O.C.G.A §19-9-3(g)
  • Available in Modification of Child Support. May award to the prevailing party “as the interests of justice may require.” Fees shall be awarded if the upward modification of child support is granted due to the noncustodial parent’s failure to be available and willing to exercise court Ordered visitation. (O.C.G.A §19-6-15(k)(5)
  • Available in Family Violence cases. Must be made in furtherance of the goal of bringing about a cessation of acts of family violence. (O.C.G.A §19-13-4 (a)(10)
  • Available in Paternity. Fees must be reasonable and to be paid in proportions and at times determined by the Court. (O.C.G.A §19-7-50)
  • Available in Motion to Set Aside Determination of Paternity. If Motion is denied the Court Shall order costs and fees against the movant. (O.C.G.A §19-15-14(a)
  • Available in Modification of Alimony. To the prevailing party as the interests of justice may require, or against a person already ordered to pay alimony to help the former spouse in defense of a modification claim. (O.C.G.A §19-6-19 (d) and O.C.G.A §19-6-22)
  • Available in All Cases. In frivolous actions and defenses reasonable and necessary attorney’s fees and expenses of litigation shall be awarded to any party against whom another party has asserted a claim, defense, or other position with respect to which there existed such a complete absence of any justiciable issue of law or fact that it could not be reasonably believed that a court would accept the asserted claim, defense, or other position. (O.C.G.A §9-15-14 (a)
  • Available in All Cases. The Court may assess reasonable and necessary attorney’s fees and expenses of litigation in any civil action in any court if it finds that an attorney or party brought or defended an action, or any part thereof, that lacked substantial justification or that the action, or any part thereof, was interposed for delay or harassment, or if it finds that an attorney or party unnecessarily expanded the proceeding by other improper conduct. C.G.A §9-15-14 (b)