As your case should have clearly demonstrated to you, anyone can sue anyone else in a pending litigation for attorneys fees based on a claim of being stubbornly litigious.
But I don't think you meant to ask "Can they sue?". I think your real question is "Will they win if they sue?". And the only answer that can be given to that question in this forum is "Maybe". The judge is going to listen to the arguments on both sides and make a decision (much as the judge has apparently done on numerous occasions in this case). But since there is no way of knowing at this point what both sides will argue, there is no way of telling you what is going to happen. You're going to have to trust your attorney's judgment regarding this (whether to pursue it if you are the defendant, or how to respond if you are the plaintiff).
~ Kem Eyo
The above answer is a general explanation of legal rights and procedures. It does not constitute legal advice. Nor does it establish an attorney-client relationship between the individual posting the question and the attorney providing the answer.
Georgia law permits a court to award attorneys fees in both child custody and child support cases. The statutory authority that you have cited probably would not be used by a court in this case as a basis for awarding attorneys fees. If the plaintiff tried to settle the child support issue in mediation, but the defendant refused, then it is possible to receive an award of attorney's fees. However, whether or not fees would be awarded his clearly an issue for the court.
Your best chance would be to discuss the issue with your attorney to make sure that the appropriate facts are presented to the court and its consideration of the child's poor issue. Sometimes a court will award fees when a party receives less after trial than they were offered at mediation. In your particular case, if the plaintiff (who I assume is the father) offered a child support award that was appropriate under the Georgia child support guidelines, but the defendant demanded that the case go to trial, then an award of the attorneys fees for preparing the case and taking it to court might be appropriate.
You really need to speak to your attorney for further information.
Nothing contained herein shall be considered or construed as creating an attorney client relationship between the party asking the question and the attorney. All legal problems are different. The answer given is only a general response based upon the facts provided and should not be considered specific advice for your case. Always contact a lawyer for advice about your particular circumstances and issues.
You've gotten two good answers. As noted a party can sue fgor almost anything, and a court may award attorneys fees in such cases. Whether they do is based on far more than what you posted.
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