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I was told there is a form to request that my spouse pay my legal fees is it true in OR??

Salem, OR |

A went to court clerk in Albany to get form and was told I need a lawyer to file it. Can I get the form to request my spouse pay my lawyer fee as I'm custodial parent, disabled and on SSI? What is the correct name of the form?? Legal aid won't help as I live in Marion Co. and case is in Linn Co.

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Attorney answers 4

Best Answer
Posted

What you want to file is a Motion for Temporary Relief. What you want to seek is "suit money," "temporary child support, " and/or "temporary spousal support." It does not look like the Linn County Circuit Court has a form available on their website: http://courts.oregon.gov/Linn/forms/pages/forms.aspx.

I suppose if the Family Law clerk there cannot direct you to the right form, you could use one from another County and change the County name. Or, you could possibly use a Motion, Affidavit, and Order to Show Cause from Linn County and fill it out to fit your situation.

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Posted

If you are asking for a contrubituon to your attorney fees while the case is pending, You need to file a motion with the court asking that your spouse pay your temporary attorney fees (aka suit money). I don't think there are forms from the court for this. You also need to request attorney fees in your response (if you are the answering party) or petition (if you are the one who started the case) so you can seek attorney fees at the end of the case too. You should at least consult with a lawyer privately. If you qualify, the Oregon State Bar has a Modest Means program Where lawyers agree to charge low rates.

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Shannon L. Hall, Attorney at Law (Licensed in Oregon); 960 Broadway Street N.E., Suite 4, Salem, OR 97301; Phone: 971-209-2443; 245 East 4th Avenue, Eugene, OR 97401; Phone: 541-434-2411 My response(s) to the question(s) on this website do not create an attorney-client relationship. An attorney-client relationship is not created until a Fee Agreement has been signed. In addition, my suggestions are based on very limited information provided by the Asker and are given based on my experiences and general circumstances. My suggestions may not ultimately be applicable to the Asker's situation because of the limited amount of information provided. No suggestion is guaranteed to be sucessful. Case specifics should not be shared online. You should seek specific legal advice in a private setting.

Posted

In any petition, response, or motion, you can include a provision asking the court to order the opposing side to pay your attorney fees if you prevail on the matter. You can also ask the court to order your spouse to pay up-front money to help you retain counsel, in a divorce case. This is called 'suit money.' It is granted only when one spouse has a lot more access to money than the other.

There is no particular form for any of this. Some of the court-designed forms have spaces for it, but in general, I wouldn't count on those forms. In any case, if you're representing yourself, you have no attorney fees to be paid. (You can't get attorney fees unless you actually hire an attorney.) You should consult with an attorney in your area if you're going through a divorce.

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Asker

Posted

The point of seeking this info was to be able to retain an attorney as the modest means members contacted still wanted $1500.00 up front which I don't have. My ex is lying about his income and has it down so low there is no way he can pay all his bills and his mortgage much less the fair amount of support I am requesting. I support 3 kids on SSI that just started. Before that it was only whatever sum he felt like paying for support! Then when ever I needed something he negotiated it so that I would have to do something for him first, such as his books for his business etc..

Posted

I'm confused. If you have an attorney, he/she will put a few lines of language into the petition or motion that asks for attorney fees. You can't get attorney fees unless you actually have an attorney.

Be sure to designate "best answer." If you live in Oregon, you may call me for more detailed advice, 503-650-9662. Please be aware that each answer on this website is based upon the facts, or lack thereof, provided in the question. To be sure you get complete and comprehensive answers, based upon the totality of your situation, contact a local attorney who specializes in the area of law that involves your legal problem. Diane L. Gruber has been practicing law in Oregon for 26 years, specializing in family law, bankruptcy, estate planning and probate. Note: Diane L. Gruber does not represent you until a written fee agreement has been signed by you and Diane L. Gruber, and the fee listed in the agreement has been paid.

Asker

Posted

The point of the request was to HIRE an attorney as the ones contacted even though the yare modest means members still wanted $1500.00 up front. I can't work only get SSI and child support in the sum my ex feels like paying. The amount of support is the biggest bone of contention in the case.