Attorney Fees in Domestic Matters
Attorney fees are awarded in domestic matters in two scenarios, first, to establish a court order, and second, to enforce a court order.
Attorney Fees When You Cannot Afford To Establish A Court Order
If a party is unable to afford the costs of obtaining an order of custody, parent-time, child support, alimony, or division of property in a domestic case, the court may order a party to pay the costs and attorneys fees of the other party to enable the other party to prosecute or defend the action, but the award or denial of such fess must be based on evidence of the financial need of the receiving spouse, the ability of the other spouse to pay, and the reasonableness of the requested fees. The court may further order a party to provide money for the separate support and maintenance of the other party and of any children in the custody of the other party. See, Utah Code Ann. § 30-3-3(3 )
[http://www.le.state.ut.us/code/TITLE30/htm/30_03_000300.htm].
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