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In appeal, (I filed ) can my wifes income be used, in a motion for me to pay my ex's attorney fees?
Dayton, OH
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Posted 8 months ago in Litigation
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I filed against my ex for change of custody. After almost a year I lost, but filed an appeal. I truly feel the magistrate ignored every issue that was presented,ie, eviction, utilites disconnected, Family services being there numerous times, etc. Anyway, I appealed the decision. Now the ex has filed a motion for me to pay her attorney fees. The motion uses my wifes income as well as mine. Her income could not be used in determing the best interest of my children, so how can it now be used for this?
Answers (2)
Ronald Anthony Sarno
This attorney is licensed in New Jersey and 1 other state.
Posted 8 months ago.
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I am assuming you are pro se and your wife has legal representation. This is not a very smart way to litigate.
You are mixing apples and oranges. The courts normally use the yardstick of what is in the best interest of the child NOT which parent has more money. The switching of legal fees is based on ability to pay and is a completely distinct issue from what $ is available for the children. 
Alan James Brinkmeier
This attorney is licensed in Illinois.
Posted 6 months ago.
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The appellate record needs to be examined because what is in the record already sets the stage for what can be done next. The answer to your question may take several hours of legal research.
You might find helpful my Legal Guide Questions to Consider Before Bringing an Appeal http://www.avvo.com/legal-guides/ugc/questions-to-consider-before-bringing-an-appeal Because this matter is so important you should really get a lawyer. You might find my Legal Guide helpful "How to Choose A Lawyer For You" http://www.avvo.com/legal-guides/ugc/how-to-choose-a-lawyer-for-you You might find my Legal Guide helpful " What Do I Tell My Lawyer" http://www.avvo.com/legal-guides/ugc/what-do-i-tell-my-lawyer No one can know what the record is in the case because online we cannot see your documents. You need a lawyer. Check with a lawyer in your locale to discuss more of the details. Good luck to you. NOTE: This answer is made available by the lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney with whom you have established an attorney client relationship and all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.
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