We all know divorce can be expensive. And with kids involved, the legal costs can add up even more rapidly because of custody and child support disputes. A recent North Carolina case, Stewart v. Brickman, helps explain when a court might order one parent to help pay for the other parent’s legal bills.
Background of the Case
Ashley Stewart and Daniel Brickman were married in 2012 and have two children. After they separated in 2021, they ended up in court over child custody and support. Both asked the court to award attorney fees.
During the case, the trial court ordered the mother to pay a portion of the father’s attorney fees related to the custody and child support issues. Eventually, the court ordered her to pay $75,000 toward those fees, plus additional amounts related to discovery disputes.
The mother appealed, arguing that the trial court made mistakes in ordering her to pay such a large amount.
When Can Attorney Fees Be Awarded?
Under N.C. Gen. Stat. § 50-13.6, a court may award attorney fees in child custody and support cases to an interested party who is acting in good faith and lacks sufficient means to defray the costs of litigation.
The whole point of it is fairness. Courts want both parents to be on relatively equal footing during litigation, especially when children are involved.
What the Court Looked At
The trial court examined each parent’s financial situation.
It found that the father had significant debt and a negative net worth, while the mother had assets totaling roughly $170,000. Based on this comparison, the court concluded that the father could not afford his legal fees, while the mother could contribute to them.
The mother argued that the court unfairly calculated her finances, partly because her financial affidavit was excluded after she failed to file it on time. The Court of Appeals rejected this argument, explaining that the exclusion happened because the rules were not followed (because it was late), not because the trial court acted unfairly.
Why the Fee Award Was Vacated
While the Court of Appeals agreed that the father could qualify for attorney’s fees, it found a problem with how the amount was determined.
The trial court did not make findings regarding the number of hours expended by counsel and staff, even though it found the overall fees reasonable.
North Carolina law requires trial courts to make findings addressing the nature and scope of the services provided, the time and labor involved, and the reasonableness of the fees under Rule 1.5 of the Rules of Professional Conduct.
Because those findings were incomplete, the Court vacated the $75,000 award and remanded the case for additional findings and, if necessary, further evidence.
Why This Case Matters
While trial courts have broad discretion to award attorney fees in custody and support cases, they must make detailed findings to support the amount awarded. If not, it can result in reversal and remand.
Basically, attorney fees won’t automatically be the burden of the high net worth individual, despite what some may think.
Talk to a Family Law Attorney
If you are facing a custody or child support case and are concerned about attorney fees, we highly recommend getting legal advice as early as possible. An experienced attorney can help protect your financial interests and ensure the court has accurate information.
To learn how these issues may apply to your situation, contact Woodruff Family Law Group today. Our team is ready to help guide you through the process.