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Can a court award attorney's fees for a modifications or an appeal?

Posted on October 6, 2016 at 12:40 AM



The court may consider the financial resources of both parties, and order a party to pay a reasonable amount for attorney’s fees and costs for a proceedings. This includes enforcement and modification proceedings and appeals. The trial court has continuing jurisdiction to make temporary attorney’s fees and costs awards reasonably necessary to prosecute or defend an appeal on the same basis and criteria as though the matter were pending before it at the trial level. In all cases, the court may order that the amount be paid directly to the attorney, who may enforce the order. In determining whether to make attorney’s fees and costs awards at the appellate level, the court shall primarily consider the relative financial resources of the parties, unless an appellate party’s cause is deemed to be frivolous.

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