Contempt of Court: Who Pays Attorney Fees?
So she has filed contempt of court against you for non-payment of child support. She’s right—you’re guilty—but not in the amount she claims. Will you have to pay her attorney’s fees if you prove she’s wrong about the amount? Or will she have to pay yours?
Hi, I’m Tulsa Dads.Law attorney Clint Hastings. I practice here in Tulsa, Oklahoma. I focus on fathers’ rights, and this is my 25th year practicing.
Grey Area Decision Making
This is kind of a gray area. Let’s say she claims you owe $5,000, but you say it’s only $4,000. She refuses to accept that, so you end up in court and prove that you only owe $4,000. In a sense, both sides won. She proved you owed money, but you proved it wasn’t as much as she claimed.
So who pays the attorney’s fees? In contempt cases, attorney’s fees go to the prevailing party. The problem here is deciding who actually prevailed. In this type of situation, the judge will usually come up with an equitable split. For example, the court might order you to pay 75% of her fees while she covers 25% of yours. It can also depend on how much work was involved, the complexity of the case, and even whether her attorney’s fees were significantly higher than yours.
Utilizing Offer of Judgment
The smart move here is to use what’s called an offer of judgment. Before trial, you file an offer saying, “I’ll concede that I owe you $4,000. I’ll pay that and $1,000 in attorney’s fees. But if you don’t prove that I owe more than $4,000 at trial, you’ll have to pay all of my attorney’s fees.” This option exists under statute, though it can be tricky and usually requires an attorney who’s familiar with how to do it correctly.
Low-Cost Consultation Available
If you’re facing this or any other family law issue, give Tulsa child support attorney Clint Hastings a call at 918-962-0900. We’ll be glad to help.
