Attorney Fees in Contempt Actions
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Contempt Attorney Fees
In civil litigation, the matter of attorney fees is basically You pay your attorney and I pay my attorney. A notable exception often occurs in family court cases where a judge may require the defendant to pay all attorney fees.
Civil litigation can become relatively expensive, especially when dealing with a party that is willing to do anything to avoid responsibility. The award of attorneys fees enables a person to utilize a legal remedy without suffering an undue financial burden.
Georgia Law § 19-6-2
Per the 2010 Georgia Code 19-6-2, laws are in place regarding reassignment of responsibility for paying attorney fees. Note the following:
Attorney's fees; when granted; grant of final judgment; how enforced; action by attorney
- (a) The grant of attorney's fees as a part of the expenses of litigation, made at any time during the pendency of the litigation, whether the action is for alimony, divorce and alimony, or contempt of court arising out of either an alimony case or a divorce and alimony case, including but not limited to contempt of court orders involving property division, child custody, and child visitation rights, shall be:
- (1) Within the sound discretion of the court, except that the court shall consider the financial circumstances of both parties as a part of its determination of the amount of attorney's fees, if any, to be allowed against either party; and
- (2) A final judgment as to the amount granted, whether the grant is in full or on account, which may be enforced by attachment for contempt of court or by writ of fieri facias, whether the parties subsequently reconcile or not.
- (b) Nothing contained in this Code section shall be construed to mean that attorney's fees shall not be awarded at both the temporary hearing and the final hearing.
- An attorney may bring an action in his own name to enforce a grant of attorney's fees made to him pursuant to this Code section.