Skip to main content

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

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?

+ Read More

Attorney answers 4

Best Answer
Posted

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.

Posted

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.

Asker

Posted

I guess I should have given more info. That was our second time in court for the trial. The judge actually started the trial that day and after hearing the evidence we had and all of the violations, she stopped trial, to talk to the attorneys alone. She was livid. She chewed mom up and down and lectured her on keeping child from dad. Respondents attorney stepped in and made up a story about how they had proof that arrangements were made between mom and dad for the child not to go with the dad. Judge made clear that she would reset one more time, but mom would have to show proof on every single violation and if there was even one she could not prove arrangements were made on, she could send her to jail for 180 days and that since she knew that at the very least, the last 4 violations of mom not turning over child to dad on dad's weekend were indeed valid because mom admitted to that it writing, she was also sure mom would be paying attorneys fees, therefore, attorneys fees are to be abated until the next trial date.

Michael Glynn Busby Jr.

Michael Glynn Busby Jr.

Posted

Judge likely said that because your attorney wants more money and yet you are in the middle of a hearing. Is this the 309th?

Posted

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.

Asker

Posted

I guess I should have given more info. That was our second time in court for the trial. The judge actualy started the trial that day and after hearing the evidence we had and all of the violations, she stopped trial, to talk to the attorneys alone. She was livid. She chewed mom up and down and lectured her on keeping child from dad. Respondents attorney stepped in and made up a story about how they had proof that arrangements were made between mom and dad for the child not to go with the dad. Judge made clear that she would reset one more time, but mom would have to show proof on every single violation and if there was even one she could not prove arrangements were made on, she could send her to jail for 180 days and that since she knew that at the very least, the last 4 violations of mom not turning over child to dad on dad's weekend were indeed valid because mom admitted to that it writing, she was also sure mom would be paying attorneys fees, therefore, attorneys fees are to be abated until the next trial date.

Brian Douglas Walters

Brian Douglas Walters

Posted

This just the Judge saying the the attorney fees decision will be made at the follow up hearing.

Asker

Posted

Thank you. This makes sense.

Posted

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.

Asker

Posted

Thank you. That makes sense and I was still going to pay my attorney. I would never not pay her. I just wanted to be clear on the meaning because my husband and I are very confused.

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer