In Alan T.S. v. Superior Court (Mary T.), the trial court had ordered $9,000 in attorney’s fees to wife during a dissolution case, citing disparity in wife’s gross income as a court clerk of $5,135/mo and that of husband who grossed $8,333/mo. as law librarian. When husband appealed the fee order he pointed out that not only was his income not substantially greater so as to support such a large attorney fee award, but that he has significant costs and expenses including child support and spousal support, after which he was not left with enough income to pay attorneys fees.

Past cases have clearly emphasized that the court should consider need and ability to pay, but this case is unique in that the court specifically considered　the husband’s actual expenses　and also considered large　child support and spousal support obligations　in determining that it was unfair to make the husband pay attorneys fees under these circumstances.

A child support matter can be very complex. Let an experienced family law attorney review your case and assist you. The law firm of Wallin and Klarich is prepared to answer your legal questions and is immediately available to assist you with your case. Contact us today at 888-749-7428 or visit our website at www.wkfamilylaw.com for additional information.