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Will I be forced to pay my ex's attorney fees?

Asked over 2 years ago - Madison, WI

I haven't been able to make the alimony payments that I should, but I've still been paying. Alimony is now done, but I'm in arrears and we have reached an agreement on regular monthy payment. She chose to use a lawyer to get to this agreement, even though we've communicated via email in the past and have reached agreements that way. She wants me to pay her lawyer fees. Is it worth going to court to fight this?

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Attorney answers (2)

Jane A. Jacobs

Reputation Level 8

Answered over 2 years ago. Family Law Attorney in Madison, WI.

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Hello. Yes, I think it's worth going to court. If you don't show up, there is a much better chance that you will be stuck with that. However, my experience has been that judges are generally not awarding these fees. Anyway, it's never a good idea to not show up to court if you have a set court date. If you don't have a set court date, the best policy is to be responsive if your ex's lawyer contacts you. So long as you are keeping in communication and trying to work things out, I think it's unlikely that you'd have to pay those fees. Bottom line, keep communication open and never skip a court date. Good luck.

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Ronald K. Phillips, licensed in Wisconsin

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Ronald K. Phillips

Reputation Level 12

Answered over 2 years ago. Family Law Attorney in Cedarburg, WI.

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Attorney Jacobs is absolutely correct. It sounds like you are doing everything you can in good faith to work things out, and when there is that kind of good faith on your part it's unlikely that a commissioner would award attorney fees for this.

Attorney Jacobs' counsel to ALWAYS appear for a hearing is excellent advice. Show up, bring the documentation to show you're cooperating and paying what you can (canceled checks, pay stubs, copies of the email exchanges, etc). Dress and act respectfully at the hearing, tell the truth and you will do fine.

If for some reason that things don't go well at the hearing, you have 10 days to file a motion for a "hearing de novo" before a circuit court judge. A family law attorney should be consulted to help you with that.

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