Attorney Fees in Michigan Child Custody Cases: Who Pays?

An attorney’s assistance can be invaluable in contested child custody proceedings. However, it will come at a price. If you’re considering filing for divorce or legal separation or want to modify an existing parenting plan, it’s natural to wonder if you’ll be stuck with the bill after it’s all said and done.

General Notes About Family Law Attorney’s Fees

Unlike personal injury lawyers, family law and divorce attorneys are expressly prohibited from taking cases on a contingency fee basis.

This means that a family law or divorce attorney must charge you a flat fee or hourly rate for their services. In a contested hearing where you and your ex disagree on custody, such an arrangement can lead to a significant bill at the end of the case.

In most family law cases, each party is responsible for their attorney’s fees and other legal costs. In other words, if your attorney charges you $1,000 for their services, you’ll most likely need to pay that bill out of your own pocket.

When Can the Other Party Be Ordered to Pay Attorney’s Fees?

Despite the general rule on how family lawyers charge for their services, there are three situations where the court may consider ordering the other party to pay your attorney’s fees. It’s up to you and your lawyer to advise the court if you believe any of the following conditions apply:

Your Spouse Has Significantly More Resources Than You

If you were married to your ex and they were the primary breadwinner, the court may direct them to pay part or all of your attorney’s fees. This is more likely to occur if you elected not to work during the marriage so you could raise your children or support your spouse with their career ambitions.

Your Spouse Pursued Frivolous Custody Claims

Next, the court may consider awarding you some or all of your attorney’s fees to punish your ex for unreasonably dragging out the custody proceedings. For example, if numerous hearings become necessary because your ex is consistently unprepared, this could lead the court to order that they repay the attorney’s fees you incurred.

Your Spouse Engaged in Misconduct During the Relationship

Finally, the court might order your ex to pay your attorney’s fees if they squandered or destroyed your personal or joint assets. For instance, suppose that just before filing for divorce, your spouse emptied your joint checking account and gave the money to their new partner. In this situation, the court might find it fair to require them to pay your attorney’s expenses.

Discuss Your Custody Questions With a Qualified Lawyer

If you have questions or concerns about child custody laws in Michigan, don’t hesitate to contact Gucciardo Family Law. The more information you have, the better equipped you’ll be to make sound decisions about your and your child’s future.

Whether you’re concerned about the cost of representation or the possible outcomes of your case, our knowledgeable attorney can answer your most pressing questions. Contact us today to schedule a no-obligation consultation.