Can I get my ex wife to pay my attorney fees fir modification too custody

Asked over 2 years ago - Hemet, CA

Mt ex wife and I divorced last year and we had custody and we both got joint physical and legal primary address is hers. Last week my son found meth and needles in their closet he is slamming, my ex got into it with her husband and ended up beating her. I was told that back in jume she found drugs and meth in his truck same truck he drives my younger son in. to cut it short cause theres more but she said she was gonna leave him and now she is back we all suspect she is using as well. I filed for a ex parte for emergency custody and was denied. Have a hearing in march. question I have is if I get an attorney can i get her to pay i cant afford one and her husband makes enough to pay my fees. I need to get my son out of there for his safety i live in hemet

Additional information

in her and her husbands closet. he is slamming "her new husband"

Attorney answers (1)

  1. Nadine Marie Jett

    Contributor Level 16

    Answered . Attorney fees are based on your "need" her "ability" to pay, or sanctionable conduct.
    Does not sound like her behavior is sanctionable (so bad that she should have to pay your fees).
    You must ask for fees now, file an Income and Expense Declaration, and have your attorney file a Declaration re fees.
    Good luck.

    Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is fact specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship

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