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can they make you pay their legal fees

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mumof2girls View Drop Down
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Joined: 24/November/2017
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  Quote mumof2girls Quote  Post ReplyReply Direct Link To This Post Topic: can they make you pay their legal fees
    Posted: 05/March/2018 at 16:50
Hi
my Stepson ex wanted to go to mediation which was $240 ph and he had to pay half and he said no as he couldn't afford it, so today his ex delivered a letter (dated 28 feb) got it on 5 march stating that he had to comply with what was in the letter or it would go to court where he would have to pay all the fees. Is this legal, shouldn't her lawyer have sent it it give him 5 days to respond as well as try and find legal counsel. The letter is a bunch of lies and she basically wants him to sign away everything he has and end up with nothing which he is not willing to do.

So is this just a scare tactic or would he have to pay all legal fees?, he is calling legal aid tomorrow to see if they can help him...any other ideas we live in SA

Luisa View Drop Down
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  Quote Luisa Quote  Post ReplyReply Direct Link To This Post Posted: 06/March/2018 at 10:18
Pretty sure she is BS'ing. Pretty sure he can get free mediation. No reason why court would order him to pay all fees, court *might* order him to pay some fees.

DoogleMcFroogle View Drop Down
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Joined: 09/July/2013
Location: Australia
Posts: 141
  Quote DoogleMcFroogle Quote  Post ReplyReply Direct Link To This Post Posted: 06/March/2018 at 10:32
The lawyer is just trying it on - its basically a default letter most lawyers send asking to pay for all fees if you do not comply.
Write back advising that due to financial difficulties, you are seeking free mediation options and will revert to other party/lawyer once sorted. ( and research into the mediation - it is possible that he still may have to pay based on his income ). Has he received any Invitation from a Mediation party that was initiated by the Ex? ( If not - she cannot go straight to court )
It is much better and cheaper for both parties to sort all custody and financial settlement through mediation.

He will only need to pay her court fees if the court sees that he has tried to be non-compliant and difficult and causing delays.

mumof2girls View Drop Down
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  Quote mumof2girls Quote  Post ReplyReply Direct Link To This Post Posted: 06/March/2018 at 12:23
Yes she went to a mediator who sent him a letter and said the fees were $40 an hr and he had to pay half and he said he couldn't afford it so they told her that and now he has a letter from a lawyer...he is getting all his paperwork together as most is just lies and is going to call legal aid today....she won't budge she wants the house and him to have nothing and he refuses so mediation won't work....he is trying to always so the right thing but is just about at the end of his rope for being nice..she won't compromise...and he can't work due to injury...he is going to call her lawyers today and tell them e needs more time as he just got the letter but it was dated feb...thankyou for your advice

Luisa View Drop Down
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  Quote Luisa Quote  Post ReplyReply Direct Link To This Post Posted: 06/March/2018 at 14:36
Whether she 'wants' to budge or not is no relevant - she does not have the say-so.
They both need to negotiate OR they can go to court and the court will decide. Plenty of people don't have the money to engage lawyers so your son should not feel hopeless.

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