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

The Legal Basis for Awarding Interim Attorney’s Fees

by | Dec 31, 2023 | Firm News


Applicable Law

When navigating the turbulent waters of divorce, understanding the complexities of interim attorney’s fees is crucial. This aspect of family law hinges on a delicate balance between the applicant’s needs and the other party’s ability to pay. As established in the case of Herschberg v. Herschberg, the court is restricted from ordering a party to pay interim attorney’s fees beyond their current financial capacity.

The Essence of Detailed Expert Opinion

To justify the award of estimated fees for the trial, detailed expert testimony is necessary. This involves a comprehensive breakdown of the services required, the professionals involved, their reasonable hourly rates, and the estimated time commitment for each task. The case of In re D.A.C.-R. serves as a benchmark, where insufficient evidence led to the setting aside of an awarded estimate of trial fees.

Proving the Reasonableness of Fees

For a party to successfully recover attorney’s fees, the fees’ reasonableness must be proven, adhering to the non-exhaustive Arthur Andersen factors. This framework guides the evaluation of what constitutes reasonable attorney’s fees. As seen in Aguilar v. Wells Fargo Bank, N.A., opinion testimony about necessary services and reasonable hourly rates plays a pivotal role.

The Challenge of Meeting Statutory Standards

Section 105.001(a)(5) of the Texas Family Code stipulates that attorney’s fees awards must align with the “safety and welfare of the child”. This creates a high threshold for justification, as highlighted in In re Rogers. The First Court of Appeals further clarified this in In re Sartain, emphasizing that attorney’s fees in parent-child relationship cases must primarily focus on the child’s safety and welfare.

Practical Implications

For those embroiled in divorce proceedings, these legal precedents and requirements underscore the importance of meticulous preparation and substantiation of claims for interim attorney’s fees. It’s not just about presenting the need for legal representation; it’s about proving that the fees align with the statutory criteria and are within the financial reach of the other party.

In conclusion, navigating the law of interim attorney’s fees in a divorce requires a nuanced understanding of the legal framework, a thorough preparation of evidence, and a keen awareness of the financial dynamics involved. As the legal landscape continues to evolve, staying informed and seeking professional guidance remains paramount for those facing these challenges.

As a family law specialist focusing on non-custodial parents in Brazoria and Galveston Counties, I often address concerns about interim attorney’s fees in divorce cases. Under Texas law, particularly as outlined in Herschberg v. Herschberg, 994 S.W.2d 273, the award of temporary attorney’s fees must balance the applicant’s needs against the other party’s ability to pay. However, the court cannot impose payments beyond the party’s current financial capacity.


Beveridge Law Firm, PLLC: Your Advocate in Family Law

At the Beveridge Law Firm, PLLC, we specialize in representing non-custodial parents, primarily fathers, in Brazoria and Galveston Counties. We understand the intricacies of interim attorney’s fees and are committed to advocating for your rights. Whether you’re concerned about financial aspects of your divorce or seeking equal access to your children, we’re here to help. Contact us at 281-407-0961 or visit our website for dedicated legal support.