I just read about a alimony case in Colorado (from a while back) where the ex spouse who filed for modification was awarded payment for 70% of her legal fees as well even though she "won" and was awarded an increase.
Seems incredibly unfair that someone can:
A) Haul someone into court for more money
B) Get awarded more money
C) The person who now has to pay more support also has to pay for his ex's legal fees!
Does that still happen? Is that something I need to be worried about if my ex files for a modification?
In any family law support case the Court can enter an order for attorney fees when one party has resources in excess of the other party. That is what the statute provides. It happens all the time.
CRS 14-10-119 authorizes a court to potentially award attorney fees based on the financial positions and disparity in such between the parties. This can apply to an alimony case, including a post-decree modification. You should understand that awards of attorney fees are not automatic, or really that common. Of course more information would regarding the specifics of your situation would be needed to assess probabilities.
Any answer provided is for general information purposes only and should not be construed as creating an attorney-client relationship with Stephen J. Plog or Plog & Stein, P.C.
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