I do not have an attorney and did not during the original divorce, nor do i have the funds to get an attorney. My ex husband's attorney (unbeknownst to me) made changes to the divorce decree after I signed it and submitted it to the court. I then filed a motion of clarification which the judge took as a petition to enforce. In the original decree, there is a clause stating that if one person has to take the other one back to court to enforce the decree, that the opposing party is responsible for all the court costs of both parties. How/When do I ask the judge at the upcoming hearing that my ex be required to repay the filing and service fees and any other court costs i have incurred? is it a form or do i just ask during the hearing? What other fees/costs can I ask the judge to have him pay
Also, can I include the cost of service to him and the cost associated with the orginal motion ? I had to pay an attorney 150$ to draft it then when it was turned from motion of clarification to petiton to enforce, the fee to file is something like 86$. Can I include all of these charges?
Family Law Attorney
Typically, the request for legal fees and costs is made in the motion or petition. You must also include it in your pre-trial statement if that applies. Don't be afraid to bring it up at trial and have proof of expenses.
Yes, there is a way to have opposing party pay for temporary attorneys fees and court costs. Consult with an attorney in your area to discuss the formalities. Many offer free consultations for this very purpose. Good luck to you.
Criminal Defense Attorney
Just remember to always check the box marked "other" on the court forms, and ask for court costs and/or attorneys fees in writing. Unfortunately, as a pro-per litigant, you can't be reimbursed for non-existent attorneys fees, regardless of the time you'll spend researching the law and inquiring about it on this and other sites.
There is much that you could ask for through competent legal representation. You'll learn that you don't usually get much traction in court against an experienced attorney even if you are really, really smart. Further, since you don't have an attorney, I don't see why a judge would award you attorney fees from the other side. Finally, that if you filed the case in most states that I know of, you could have had the court fees waived if you claimed you were destitute. That's my two cents. The advice of the other contributing attorneys is great advice. I am only licensed to practice law in Michigan.