Helping Texans with a variety of family law cases, including child custody and divorce.

Interim Attorney’s Fees in a Texas SAPCR Case

by | Dec 26, 2023 | Firm News

Introduction: Welcome to the Beveridge Law Firm, where we stand with non-custodial parents, fathers, and husbands who seek equal time with their children. Based in Brazoria County, with a secondary focus on Galveston County, our mission is to help you secure the time you deserve with your kids and enforce court-ordered possession rights. I’m Ben Beveridge, the founder of the Beveridge Law Firm, and I’m deeply passionate about ensuring parents have equal access to their children. In fact, I was once a non-custodial parent myself, only seeing my kids on weekends. I pursued a legal career, passed the bar exam, and, within months, gained equal access to my children. Now, I’m dedicated to helping parents like you achieve the same. We also specialize in appeals, an area where few attorneys venture, and have successfully overturned many trial judges’ orders in appellate courts.

Part 1: Understanding Interim Attorney’s Fees

Q: What are interim attorney’s fees, and why are they significant for non-custodial parents in Brazoria and Galveston Counties?

A: Interim attorney’s fees, often known as temporary attorney’s fees, play a pivotal role for non-custodial parents in Brazoria and Galveston Counties. These fees serve as a lifeline during legal battles, ensuring that you, as a non-custodial parent, can afford quality legal representation to assert your rights and secure valuable time with your children.

Part 2: When Are Interim Attorney’s Fees Necessary?

Q: When might non-custodial parents find themselves in need of interim attorney’s fees?

A: Non-custodial parents often require interim attorney’s fees when they face significant income disparities with the other party or when the custodial parent has control over marital assets, denying access to financial resources. These fees level the playing field, allowing you to secure legal representation when you may otherwise struggle to do so.

Part 3: Navigating the Process of Requesting Interim Attorney’s Fees

Q: How can non-custodial parents in Brazoria and Galveston Counties request interim attorney’s fees?

A: To request interim attorney’s fees, follow these steps:

  1. File A Motion: Begin by filing a motion with the court outlining your reasons for needing interim attorney’s fees and include a proposed court order.
  2. Demonstrate Financial Need: Provide evidence of your financial status, including income, expenses, and assets, illustrating your inability to cover legal costs independently.
  3. Show Reasonableness of Fees: Justify your request by demonstrating the necessity and reasonableness of the fees, which can be achieved by providing a detailed list of legal services and associated costs.
  4. Considerations By The Judge: Understand that the court will consider various factors, such as income disparities and any bad faith actions, when deciding whether to grant your request.
  5. Attend A Hearing: Be prepared to attend a hearing where you can present your case and provide supporting evidence.

Part 4: Can the Court Order Non-Custodial Parents to Pay Interim Attorney’s Fees?

Q: Is it possible for the court to order non-custodial parents to pay interim attorney’s fees?

A: Yes, the court has the authority to order non-custodial parents to cover the interim attorney’s fees of the other party during legal proceedings. However, this decision is not automatic and is subject to the court’s discretion, with a focus on the safety and welfare of the children involved.

Part 5: How to Avoid Being Ordered to Pay Your Spouse’s Attorney’s Fees

Q: What can non-custodial parents do to avoid being ordered to pay their spouse’s attorney’s fees?

A: While there are no guarantees, strategic measures can help non-custodial parents avoid this responsibility. Legal representation is crucial, and attorneys can show that paying the spouse’s fees is presently unmanageable, or explore alternative payment methods for the spouse’s legal representation.

Conclusion: At the Beveridge Law Firm, we stand firmly with non-custodial parents in Brazoria and Galveston Counties, supporting your quest for equal access to your children. Interim attorney’s fees are a vital component of ensuring your rights are protected, and we are here to help you navigate the legal process. If you have questions or need guidance, don’t hesitate to reach out to us at 281-407-0961 or submit your information at Beveridge Law Firm Contact. We are committed to ensuring that you have the opportunity to build meaningful relationships with your children.