What does it mean when a judge resets an enforcement hearing in family courts and states that the attorneys fees are on abate?

Asked over 1 year ago - Spring, TX

My husband is enforcing possession and access of his child on his ex. She held him from him for a year and he has 29 violations on her with witnesses. The judge was very angry in court and threatened her with jail time and then her attorney came up with a lie to buy time and judge reset but made clear she saw what was going on here and gave mom a lecture. She then reset the trial and stated all attorney fees are on abate. Well our atorney in the mean time is still sending us bills. We asked her about the abatement and she just said we misunderstood. If this is so, what does it mean?

Attorney answers (4)

  1. Thomas G. Simchak

    Contributor Level 6
    Best Answer
    chosen by asker

    Answered . Well, "abated" could mean a couple of things...in my opinion the issue of attorney's fees were put on hold until the judge makes her ruling. At that point she "may" award attorney's fees to your husband. As others have said, your husband is responsible for paying for his attorney.

  2. Michael Glynn Busby Jr.

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . I would not say that your attorney fees are abated, the reset was likely due to time or a procedural error in the form of the pleadings. You must give 10 days notice for an enforcement hearing. The term "abate" in your fact pattern does not make sense. Judge likely judge reset and said everything would be taken up at the reset date.

  3. Brian Douglas Walters

    Pro

    Contributor Level 13

    1

    Lawyer agrees

    Answered . You are responsible for paying your own attorney, regardless of what happens in Court. If you are awarded attorney fees, then your husband's ex will have to reimburse you.

    If your attorney said that you misunderstood, that is likely what occurred. Since I was not in the Courtroom, I really can't question that.

    This information is not legal advice and does not form an attorney-client relationship.
  4. Amanda Jean Wilhelm

    Contributor Level 11

    1

    Lawyer agrees

    Answered . It sounds like when the judge reset the trial, she wanted to make it clear that your attorney could still argue for attorney's fees to be awarded. That doesn't mean that you don't have to pay your attorney.

Related Topics

Child support

Child support is a payment made from one parent to another parent (usually from non-custodial to custodial), to help ensure the child's financial needs are met.

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