We are getting our CO changed and are not sure what to put in the new CO regarding payment of legal and mediation fees. Currently it stipulates that the prevailing party shall have costs covered including unsuccessful mediation fees.
What do your COs state about who pays for mediation fees, lawyers, and court costs? We are just unsure about who usually pays what when mediation is successful or unsuccessful.
Any thoughts?
Re: ? about mediation fees
We're currently changing our CO and our lawyers had it split for mediation. Each party is responsible for their own legal fees(ie court/lawyer).
I don't think this should be a matter of who wins. I think each party should pay for their own lawyer and who ever initiated the proceedings should pay for court.
We will probably be the only ones initiating proceedings. The current CO greatly favors BM's wishes and she doesn't follow anything she doesn't agree with. But as it is right now, we usually pay all court and lawyer fees (her lawyer is no cost to her).
Mio Marito per Sempre: Married 2009. SD is 12 yrs. DD is 4 yrs.
DS born 12/29/14
Yikes, I don't think you should have to foot the bill for everything. I wish we didn't have to pay for a lawyer...lots of $$$. I'm praying this is our last change.
I can totally relate to one party not honoring the CO and getting everything handed to them. Its super frustrating and we're currently waiting on our court date.
There is nothing in our CO about legal fees. If I had to file contempt charges or something like that, I would probably wind up asking the lawyer to try and include something so that I would be reimbursed.
When we went through the divorce and got our original CO, we both paid for our own attorneys.
We split mediation fees.
Just found out BM hasn't paid hers from last time we were in court... so glad we are not responsible for them.