Is it considered spousal support to pay for an ex’s appeals attorney?

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Is it considered spousal support to pay for an ex’s appeals attorney?

My husband won full custody of his son in his divorce. However, his ex-wife angered off the judge and the judge made unprofessional comments about her in his final judgement. So she appealed the decision and won. Custody 2.0 is now pending but my husbandhas been ordered to pay for his ex’s appeals attorney’s fees. Appeal overturned on everything except dissolution of marriage – all property settlement, custody, child support order, etc. Since she refuses to work, the judge in the first trial imputed her income and that was part of her appeal.My  husbande has not paid because I was laid off and now he is facing a contempt of court.

Asked on October 12, 2010 under Family Law, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

No, spousal support and payment of attorney's fees are not the same thing.  From the order in which you have written the facts her I am assuming that in the end, your husband won - and by that I mean he has his son and everything awarded in the first trial.  Is that correct?  And he was also "awarded" the attorney's fees for his ex as a plus.  If I am incorrect please write back.  He is going to have to pay the fees or else make application to the court to modify the order and the award.  What did his attorney say about all of this?  He needs to get advice from someone who was through all of this with you and who can let you know if it is possible in your jurisdiction for the award to be modified.  In the end, though, you came out on top despite the monetary issues.  Good luck. 


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