QUESTION
Can the attorney be paid through settlement at the end of case or does my husband pay since there is a big income difference?
Asked on Nov 05th, 2012 on Divorce - Florida
More details to this question:
My husband is doctor and my retainer has been paid but due to my husband's actions. The cost is increasing. I do not have funds to pay extra fees incurring. My husband was the one that served me.
13 ANSWERS
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Speak with the attorney you retained.
Answered on Jun 18th, 2013 at 10:06 PM
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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Ask your attorney to file a PDL for attorney's fees
Answered on Nov 10th, 2012 at 4:25 AM
Divorce for Men Attorney serving Nutley, NJ
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The Micklin Law Group, LLC
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If your husband does not agree to pay your counsel fees, then you can make an application with the Court for your husband to pay them due to the large discrepancy in incomes. As far as your fee arrangement with your attorney goes, that is something you have to work out with your attorney. Some attorneys will agree to wait until the end of litigation to get paid out of the proceeds from equitable distribution. For example,if there is real property that is being sold or a retirement account that is going to be distributed.
Answered on Nov 09th, 2012 at 4:46 AM
If this is a divorce case, an adjustment for your attorney fees can be made in the settlement process. You can also ask for attorney fees due to your husband's litigious actions, and the court can order him to pay sooner so that your attorney can continue to represent you.
Answered on Nov 08th, 2012 at 4:33 AM
Family Law Attorney serving Santa Ana, CA
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Law Office of Rhonda Ellifritz
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You can go in to request additional attorney fees.
Answered on Nov 08th, 2012 at 3:45 AM
Family Law Attorney serving Petaluma, CA
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Law Office of Erin Farley
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Talk to your attorney about whether a request for an attorney fee order is appropriate. It is crucial to communicate with your attorney on the issue of fees; in my experience, attorneys genuinely want to help you obtain the best result possible, but they do need to be paid. If fees are difficult for you, communication goes a long way.
Answered on Nov 08th, 2012 at 3:41 AM
Dennis P. Mikko
Under the Michigan Court Rules, you would have a right to ask the court to award you attorney fees as part of any resolution of the divorce proceedings. It would be up to the court as to whether or not any were awarded. Otherwise, you can expect to pay your attorney out of any settlement.
Answered on Nov 08th, 2012 at 3:40 AM
Your attorney can petition the court for an advance of attorney fees based on the disparity in income. There is law in place in California to try to give both parties equal access to the courts by equalizing income and attorney fees.
Answered on Nov 08th, 2012 at 3:20 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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This is the agreement which has to be worked out between yourselves and your attorney. It is possible, at least in Michigan, that there be in order for interim fees, assuming that this is a divorce action.
Answered on Nov 08th, 2012 at 3:10 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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That question can best be answered by your attorney who is familiar with whatever state's law applies and how the particular judge handles things. Generally, it is within the judge's discretion based on the actual facts and circumstances.
Answered on Nov 08th, 2012 at 2:41 AM
Your attorney should ask the court for Pendente Lite attorney fees.
Answered on Nov 07th, 2012 at 10:57 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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Your attorney can make a motion for attorney fees. The court should order him to contribute to your fees.
Answered on Nov 07th, 2012 at 9:10 PM
The answer to your question is that payment to the attorney would be up to the attorney.
Answered on Nov 07th, 2012 at 9:08 PM