The Law Office of Anthony W. Greco successfully defended a trial court’s award of $40,000 in attorney’s fees to a mother defending against her ex-husband’s motion to modify. The parties were subject to a decree that designated Mother as residential parent, setting guidelines for Father’s parenting time. Four years after the decree was filed, Father filed a Motion to Modify Custody. Father’s grounds were Mother’s decision to enroll their child in a part-time kindergarten class instead of a full-time class. However, one year after Father filed his motion, the trial court entered a final order denying Father’s motion and awarding Mother $40,000 in attorney’s fees. Father then appealed this order.
Affirmation of Attorney’s Fees Award
Our firm successfully argued that because Father made significantly more money than Mother, interviewed seven witnesses compared to Mother’s two witnesses, flew his accountant in from Florida, and was uncooperative in providing his financial records; he was intentionally trying to cause Mother to incur a significant amount in attorney’s fees. Ultimately, Mother had to rely on her parents to help with the costs of Father’s motion. Overall, the Appeals court affirmed the trial courts award of attorney’s fees in the amount of $40,000.
Attorney Anthony W. Greco has over 25 years experience fighting for his clients. Our firm consists of numerous talented attorneys, each with the extensive knowledge and skill necessary to protect our clients’ interests. Every member of our team treats each client’s case as unique, focusing on what is important to that individual client. We have represented numerous clients in disputes regarding nearly all matters within family law, as well as successfully defending the attorney fees awarded to many of our clients. Click Here to contact us and see what sets us apart from other firms.
The Law Office of Anthony W. Greco successfully represented a Mother in obtaining a Order for Father to reimburse $40,000 to Mother for attorneys fees in her child custody case. Not only was Mother successful in defeating Father’s custody request, but Mother successfully defeated Father’s request for additional parenting time. The Union County Trial Court found that there was no change in circumstances requiring any change in custody of Mother, nor for the visitation of Father. Further, the court stated Mother’s award was, “based upon the scope, sophistication and duration of the litigation initiated by Father”. The Appeals Court then upheld the Trial Court’s ruling.
Change in Circumstances Required
In this case, the parties were divorced and in their Agreed Judgement Entry they agreed that Mother would have sole custody of the minor child, and Father would have parenting time that was less than the Union County Local Rule. Years later, Father filed a Motion for Reallocation seeking full custody or, in the alternative, an increase in parenting time. After a full trial, the Union County trial Court ruled that Father failed to prove that a change in circumstances had occurred, and therefore, no modification of the original Order could occur, neither in child custody, nor parenting time.
Attorney Fees in Child Custody Case
The Mother filed a Motion for attorneys fees, and as the Trial Court ruled, that as a prevailing party, and due to the scope, sophistication and duration of the litigation initiated by Father, Mother was entitled to $40,000.00 in attorney fees in her child custody case. The court ordered Father pay this because his actions greatly increased the time and expenses incurred in the case.
For the full case opinion, click here for the link.
Attorney Anthony W. Greco has over 25 years experience fighting for his clients. Our firm consists of numerous talented attorneys, each with the extensive knowledge and skill necessary to protect our clients’ interests. Every member of our team treats each client’s case as unique, focusing on what is important to that individual client. We have represented numerous clients on both sides of modifying child support. Click Here to contact us and see what sets us apart from other firms.