Jones v. Jones: While our law allows for recovery of attorney’s fees, the right to recovery is limited to persons who do not have the ability to pay.
By Mark Chinn, Family Lawyer
Clients often ask if they can recover attorney fees from the opposing, offending party. While our law allows for recovery of attorney fees, the right to recovery is limited to persons who do not have the ability to pay. The ability to pay is judged not only by what assets a person might have available before and during the divorce but also by what assets a person might get as a result of the divorce. Consequently, in cases where there are assets that may be recovered in the divorce, there will be no attorney’s fees. In Jones v Jones, NO. 2011–CA–01440–COA (Decided April 30, 2013) the Court reversed an award of attorney fees where it was clear the plaintiff had sufficient estate after the award to pay her fees.
Mark Chinn received his undergraduate degree from Iowa State University in 1975 and his Law Degree from the University of Mississippi in 1978. He is admitted to practice in all courts in Mississippi, the Fifth and Seventh Circuits and the United States Supreme Court. Mark is a frequent contributor in periodicals such as the American Journal of Family Law, The Family Advocate, Small Firm Profit Report and Fair Share on the subjects of client relations, service and law practice management.