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When can I recover attorney's fees in a family law matter?

Orangeburg, NY |

My former friend, a female, filed totally false charges against me in Family Court. She claimed I was stalking and threatening her and sexually harassing her. It was all a litany of lies designed to cause me suffering because I rejected her advances. The matter went to trial which lasted on and off nearly a year. The court ruled that she was a liar, had fabricated everything and dismissed her case. This case cost me much money in attorney's fees. Can I sue her for my attorney's fees because the court found she fabricated her case?

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Attorney answers 5

Posted

I am not aware of any provision in Article 8 of the Family Court Act that provides for recovery of attorneys' fees. Article 8 is the section of the Family Court Act dealing with family offense petitions.

Joseph S Hubicki

Joseph S Hubicki

Posted

New York is a pay your own attorney state, unless there is a statute that provides for payment of counsel fees, or there is an agreement that provides for payment of fees. Article 4 of the FCA which deals with child support does provide for recovery of counsel fees, for example.

Posted

FCA 842(f) allows for the issuance of counsel fees in an Article 8 proceeding, however, same does not appear to apply to you as you were not the petitioner. That said, there are general provisions prohibiting parties from bringing frivolous proceedings and it's arguably counsel fees may be brought under such provisions. You may also sue her in small claims court for abuse of process. That said, you should schedule a consultation with a Rockland/Westchester Family Law attorney for a full assessment.

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Posted

If the court specifically found perjury then maybe you could sue for fees but otherwise no.

Posted

The short answer is Yes but consult with an attorney. Additionally you can report these actions to the police but consult your family court attorney first

The advice I have given does not bind the parties in any manner and is merely given as a courtesy.

Posted

You could sue for malicious prosecution. However, the best is advice is move on and let it go.

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