I got divorced last year, it was a short term marriage of 16 months. The divorce was granted Aug 2016. She was awarded that I pay her Attorney fee of 12000 dollars. I was not able to pay but I was making more money than my spouse at the time of the divorce and my lawyer did not try to fight it or inform me that I could have let the Judge decide on the amount if we could not come to an agreement. During the initial divorce hearing her lawyer also asked that I pay her part of my military retirement. The judge denied that because I was officially able to retire prior to marriage of my ex spouse. Her Lawyer have decided to take me to appeal court to ask for the military retirement portion pay and my Survival Benefit Plan which I do not have. He is also asking that I pay for this her Court Appeal Case Fee. I found out that she have been remarried to another military member since January, whom she was with as why we got divorce. She has the mean to pay for her lawyer appeal cost. How can I ask that she pay for the initial Lawyer cost for her Lawyer instead of me having to pay that still.
You will need to retain an Appellate Divorce attorney, which will be very expensive.
To properly answer your questions and address your concerns, the best way to handle this is by retaining an experiencedFL matrimonial attorney. Use AVVO's Find a Lawyer tool to select a qualified attorney. Good luck. THIS IS NOT LEGAL ADVICE! YOU NEED TO SPEAK TO AN ATTORNEY WHO IS LICENSED IN YOUR STATE FOR LEGAL ADVICE. This is merely suggestions for you to think about in discussing your situation with the local attorney.
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It may well be too late to address the fee ruling from the underlying case. You will need to hire an appellate lawyer to respond to the appeal your former spouse has filed. If you actually retired prior to marrying your ex-spouse, it sounds like her appeal may be frivolous and subject to sanctions not just against her but against her lawyer as well. You will need a lawyer to help you file the correct paperwork to pursue those fees, and you will need to handle that immediately. Good luck to you.
This also obtains elements of foreclosure law and issues regarding conflict of interest.
I strongly suggest that you retain an appellate lawyer with family law experience to handle the appeal. As for the order that awards her $12,000 in attorney's fees, more facts are needed to determine if that can be appealed. If it's something that you agreed to, you're stuck with it in all likelihood. You need to consult with an attorney regarding the specific facts of your case. This online forum is just not going to cut it.
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