My husband has a court case coming up on the 18th. His ex is suing him for unpaid child support. However, he is completely paid up through the county attorney's office which handles the case. She is also trying to have his visitation reduced and force him to pay for daycare (which is not neccessary) and her private school. Also, she wants to have his child support increased and is claiming she never received two large child support payments from him from two years ago EVEN THOUGH we gave her, her lawyer, and the county attorney's office copies of the money orders with her signature on the back. Under Rule 11, parties can sue for lawyers fees if the other parties' suit is deemed frivolous. Is this a viable option?
2006-11-29 04:19:23 · 4 answers · asked by JoMama 3 in Politics & Government ➔ Law & Ethics
I want to know if it is legal for him to sue her for lawyers fees, since he'll have to get representation.
2006-11-29 04:21:00 · update #1
I doubt that he has to invoke Rule 11. In most states the domestic relations statutes provide that the court can award attorneys fees. But, they must be requested in the "Answer" or other responsive pleading. Check with a lawyer in the jurisdiction where the case is pending.
2006-11-29 04:37:57 · answer #1 · answered by Anonymous · 0⤊ 1⤋
Rule 11 is a sanction against the lawyer, not against the party who asserts a frivolous claim. It's not the right type of remedy for what you're describing. What you're interested in is some sort of cause of action for abuse of process or malicious prosecution. You'll need to consult a lawyer on that.
2006-11-29 04:31:14 · answer #2 · answered by askt 1 · 0⤊ 2⤋
You need to ask your attorney this question. Rule 11 is a Federal Rule of Civil Procedure; it does not apply in state family courts. Your state may have a similar rule (in Nevada we have a Nevada Rule of Civil Procedure, Rule 11) but it still may not apply in family court. There may be other rules that provide similar remedies that would apply in family court, but they would be specific to the state and possibly the court where the action is pending.
Good luck!
2006-11-29 04:27:40 · answer #3 · answered by www.lvtrafficticketguy.com 5 · 0⤊ 0⤋
Of course, it sounds like she has a completely bogus case and is only trying to make his life miserable. You should sue for sole custody since the mother is obviously a nut-bag.
2006-11-29 04:22:20 · answer #4 · answered by Goose&Tonic 6 · 0⤊ 1⤋