Attorney’s Fees
Indiana, like most states, follow the American Rule. This means each side pays for their own attorney’s fees. However, there are provisions under the Paternity and Divorce acts for the court to order one side to pay the other party’s legal fees. To obtain fees, a party has to request them and put on evidence as to why the other side should pay same.
Normally, this award comes at the end of the case when the final order is issued, but the trial court can order a preliminary award of attorney’s fees. To obtain this, a party and his/her counsel has to petition for a preliminary fee award and a preliminary hearing.
Indiana Code Section on Attorney’s Fees in Dissolution Matters
Indiana Code Section on Attorney’s Fees in Paternity Matters
Knowing an award of attorney’s fees is unique in American law, many litigants wonder what they must prove to obtain an attorney’s fee award. For the most part, trial courts award legal fees where there is a significant difference in incomes between the party. This is called “disparity of income.” The reason the courts do this with some frequency should be obvious. If one spouse has stayed at home to rear the children and gave up his or her career and other spouse is the family bread winner, he or she is the only one who has income to afford counsel. In domestic cases, because it effectively a partnership, the courts see an attorney’s fee award as a fair way to ensure each spouse has effective counsel during the litigation. This noted, a trial court may award attorney’s fees at any point during the litigation if it determines the other party is delaying or acting in bad faith and this increases the legal fees to properly litigate the case.
In addition, there are specific provision for an award of attorney’s fees that sometimes come into play in domestic litigation. The first is where a party fails to provide discovery (information requested from your counsel from the opposing party to properly prepare the case for trial). If the party is compelled by a court order to provide the discovery, the discovery rules allow for recovery of attorney’s fees related to the attorney time it took to obtain this material. In addition, although rare in domestic cases, a party can be ordered to pay attorney’s fees if it litigated a frivolous action or position or continued to litigate it when it became apparent it was frivolous.
Indiana Rules of Trial Procedure, Rule 37 – Failure to Make or Cooperate in Discovery: Sanctions
Indiana Code Section on General Recovery Rule and Attorney’s Fees
Although rare, a trial court may also award appellate attorney’s fees if an appeal is taken.
The key to obtaining attorney’s fees in most cases is to show the disparity in income between the litigants/parents/spouses and that the unemployed or underemployed litigant cannot hire and retain a competent domestic counsel to handle the case without an attorney’s fee award. The trial court is charged with a just and reasonable division of the marital estate and making a custody decision in the children’s best interests without competent counsel properly present the court with the evidence. Without competent counsel representing both sides the court will not receive this evidence.
Ultimately, if the trial court does award fees, these are subject to interlocutory appeal or appeal of the final order and/or bankruptcy, although bankruptcy is a rare circumstance. Dixon & Moseley, P.C. attorneys have handled all variations of attorney’s fee awards and can advocate the same for you or defend against such and award, as necessary.
Can I Recover My Attorney’s Fees in Divorce and Paternity Cases?
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I would recommend them for appellate law. Very detailed. Easy to communicate with and they cared about me as a client.
I rely on and appreciate how thorough and precise Bryan, Julie and the staff have always been while representing my case. You took a messed up situation and fixed it 13 years ago, then achieved my goal quickly on this go around. Hopefully, I will never need you and your staff... Read more
Needed some legal paperwork sorted out and Brian and crew did a great job!!!
Throughout my complicated case, Mr Ciyou and Ms Leslie were attentive and supportive, as well as effective. Thank you.
There are numerous positive things to be said about Mr. Alex Moseley, first being that my experience with him and Dixon & Moseley Law has been nothing short of an amazing experience. Although I know Mr. Moseley is busy with other clients, he has made me feel like I’m his only... Read more
I am so pleased I chose Jill Leslie and the team at Dixon & Moseley as my legal representation for my divorce case. Jill is a terrific communicator and made me feel that my concerns were being heard and addressed. She is very thorough, and her attention to detail is impeccable... Read more
Finding an attorney is not a difficult task. However, finding a competent attorney who can skillfully navigate the complexities of third-party custody is virtually impossible. We truly believe that we are beyond fortunate to have found Bryan Ciyou, the best person to represent... Read more
Alex Moseley represented me for a stepparent adoption case in the Indiana Court of Appeals. (I have two stepchildren that have only ever known me as their mom.) I know that everyone thinks his or her case is important but my children’s lives were quite literally on the line... Read more
Julie Dixon is a very experienced litigator who instills respect from other attorneys and the family law court. With particular experience in dealing in high conflict situations, she puts the needs of the children first while pushing for the very best outcomes. Julie and her... Read more
Alex Moseley represented me in my case to file a motion to contempt on my ex for a prior divorce agreement. He’s absolutely fantastic & did a great job. He kept me updated on my case and the communication was the best. He always emailed me and called me quickly when I had... Read more
Mr. Ciyou represented me in a case and he not only fought to get me the best out come but he was great at communicating with me and making sure I understood everything that was going on. Mr. Ciyou was by far the best attorney I could have asked to have.
Bryan Ciyou and Jill Leslie are both phenomenal in handling my divorce case. Bryan assessed my situation accurately from day one. He knows exactly what was happening and how to handle it. He was a strong force that you can rely on, you felt protected and you know you are in... Read more
Bryan Ciyou and Julie Dixon are both excellent lawyers. Your first "RIGHT" move is to hire Dixon & Moseley and then trust them. Our family is "OUR" family because of their determination and follow through. Bryan and Julie work together to each address their best legal... Read more
Julie and her team did an outstanding work in helping me relocate with my son due a change in my job. It was a time-sensitive situation and she worked diligently in handling every aspect of the case in a very short-span of time. I also greatly appreciate that she spent... Read more
I will always use this firm from now on. I had a long fight for years and they stuck with me and got my case taken care of. Treated me well and explained things I didn't understand. Alex even went an extra mile after my case was over.. Very down to earth. Thanks for everything... Read more
Julie Dixon helped me out with a couple of matters. She is amazing! She listened to what I wanted, told me realistically what to expect, and had great insight on things I never would have thought of. Her and her team were always incredibly responsive and made sure to... Read more
I absolutely could NOT have asked for a better team to work with! Alex definitely went above and beyond to make sure I was prepared for every outcome possible, and explained every step along the way. The dedication that he had to my case , I truly believe could not be matched!... Read more
I was in a Child Custody case that my old Lawyer said I was lucky to have the offer I had. I needed someone who was going to fight for me. Bryan understood that even though this was not a big deal to the court , it was a big deal to me. Time with my son is very important and... Read more
Bryan and his firm has taken care of a few cases for my husband and I. They were prompt, polite, honorable, and professional. They will definitely get more business for me if I am ever in need of legal advice or representation. I would recommend them to anyone I know!
My divorce was very complex and took many years to be finalized. Bryan and Julie were patient, compassionate, and incredibly skilled in their legal strategy. They always took the time to listen to my concerns, promptly replied to all my emails, and stood by my side from start... Read more
I used Bryan Ciyou back in 2016-17 for my VERY complex and rather disturbing divorce case. He swiftly took my family’s grim situation to an emergency custody hearing and I had my daughter in my custody two hours after the judge gave her ruling! Bryan is quite in tune with the... Read more
Bryan was able to get me everything I asked for after a 20+ year marriage. He was overly prepared for any anticipated twist or turn that could have possibly happened. Navigating a divorce is rough enough, so having the best counsel who is truly devoted to the best interests of... Read more
I switched counsel mid-divorce. My previous lawyer came recommended via one of the many (what I understand now to be paid for) "100 best lawyers" or "Up and Coming attorneys" type sites that portray certain lawyers as leaders in the field. Bryan came recommended via good old... Read more
Outstanding! After my previous attorney passed away and having pending litigation, I had to find a new attorney and firm who could take on a complex guardianship case. From the moment I spoke with Julie after filling out the online contact form I knew I had found the best... Read more
I would recommend them for appellate law. Very detailed. Easy to communicate with and they cared about me as a client.
I rely on and appreciate how thorough and precise Bryan, Julie and the staff have always been while representing my case. You took a messed up situation and fixed it 13 years ago, then achieved my goal quickly on this go around. Hopefully, I will never need you and your staff... Read more
Needed some legal paperwork sorted out and Brian and crew did a great job!!!
Throughout my complicated case, Mr Ciyou and Ms Leslie were attentive and supportive, as well as effective. Thank you.
There are numerous positive things to be said about Mr. Alex Moseley, first being that my experience with him and Dixon & Moseley Law has been nothing short of an amazing experience. Although I know Mr. Moseley is busy with other clients, he has made me feel like I’m his only... Read more
I am so pleased I chose Jill Leslie and the team at Dixon & Moseley as my legal representation for my divorce case. Jill is a terrific communicator and made me feel that my concerns were being heard and addressed. She is very thorough, and her attention to detail is impeccable... Read more
Finding an attorney is not a difficult task. However, finding a competent attorney who can skillfully navigate the complexities of third-party custody is virtually impossible. We truly believe that we are beyond fortunate to have found Bryan Ciyou, the best person to represent... Read more
Alex Moseley represented me for a stepparent adoption case in the Indiana Court of Appeals. (I have two stepchildren that have only ever known me as their mom.) I know that everyone thinks his or her case is important but my children’s lives were quite literally on the line... Read more
Julie Dixon is a very experienced litigator who instills respect from other attorneys and the family law court. With particular experience in dealing in high conflict situations, she puts the needs of the children first while pushing for the very best outcomes. Julie and her... Read more
Alex Moseley represented me in my case to file a motion to contempt on my ex for a prior divorce agreement. He’s absolutely fantastic & did a great job. He kept me updated on my case and the communication was the best. He always emailed me and called me quickly when I had... Read more
Mr. Ciyou represented me in a case and he not only fought to get me the best out come but he was great at communicating with me and making sure I understood everything that was going on. Mr. Ciyou was by far the best attorney I could have asked to have.
Bryan Ciyou and Jill Leslie are both phenomenal in handling my divorce case. Bryan assessed my situation accurately from day one. He knows exactly what was happening and how to handle it. He was a strong force that you can rely on, you felt protected and you know you are in... Read more
Bryan Ciyou and Julie Dixon are both excellent lawyers. Your first "RIGHT" move is to hire Dixon & Moseley and then trust them. Our family is "OUR" family because of their determination and follow through. Bryan and Julie work together to each address their best legal... Read more
Julie and her team did an outstanding work in helping me relocate with my son due a change in my job. It was a time-sensitive situation and she worked diligently in handling every aspect of the case in a very short-span of time. I also greatly appreciate that she spent... Read more
I will always use this firm from now on. I had a long fight for years and they stuck with me and got my case taken care of. Treated me well and explained things I didn't understand. Alex even went an extra mile after my case was over.. Very down to earth. Thanks for everything... Read more
Julie Dixon helped me out with a couple of matters. She is amazing! She listened to what I wanted, told me realistically what to expect, and had great insight on things I never would have thought of. Her and her team were always incredibly responsive and made sure to... Read more
I absolutely could NOT have asked for a better team to work with! Alex definitely went above and beyond to make sure I was prepared for every outcome possible, and explained every step along the way. The dedication that he had to my case , I truly believe could not be matched!... Read more
I was in a Child Custody case that my old Lawyer said I was lucky to have the offer I had. I needed someone who was going to fight for me. Bryan understood that even though this was not a big deal to the court , it was a big deal to me. Time with my son is very important and... Read more
Bryan and his firm has taken care of a few cases for my husband and I. They were prompt, polite, honorable, and professional. They will definitely get more business for me if I am ever in need of legal advice or representation. I would recommend them to anyone I know!
My divorce was very complex and took many years to be finalized. Bryan and Julie were patient, compassionate, and incredibly skilled in their legal strategy. They always took the time to listen to my concerns, promptly replied to all my emails, and stood by my side from start... Read more
I used Bryan Ciyou back in 2016-17 for my VERY complex and rather disturbing divorce case. He swiftly took my family’s grim situation to an emergency custody hearing and I had my daughter in my custody two hours after the judge gave her ruling! Bryan is quite in tune with the... Read more
Bryan was able to get me everything I asked for after a 20+ year marriage. He was overly prepared for any anticipated twist or turn that could have possibly happened. Navigating a divorce is rough enough, so having the best counsel who is truly devoted to the best interests of... Read more
I switched counsel mid-divorce. My previous lawyer came recommended via one of the many (what I understand now to be paid for) "100 best lawyers" or "Up and Coming attorneys" type sites that portray certain lawyers as leaders in the field. Bryan came recommended via good old... Read more
Outstanding! After my previous attorney passed away and having pending litigation, I had to find a new attorney and firm who could take on a complex guardianship case. From the moment I spoke with Julie after filling out the online contact form I knew I had found the best... Read more
I would recommend them for appellate law. Very detailed. Easy to communicate with and they cared about me as a client.
I rely on and appreciate how thorough and precise Bryan, Julie and the staff have always been while representing my case. You took a messed up situation and fixed it 13 years ago, then achieved my goal quickly on this go around. Hopefully, I will never need you and your staff... Read more
Needed some legal paperwork sorted out and Brian and crew did a great job!!!
Throughout my complicated case, Mr Ciyou and Ms Leslie were attentive and supportive, as well as effective. Thank you.
There are numerous positive things to be said about Mr. Alex Moseley, first being that my experience with him and Dixon & Moseley Law has been nothing short of an amazing experience. Although I know Mr. Moseley is busy with other clients, he has made me feel like I’m his only... Read more
I am so pleased I chose Jill Leslie and the team at Dixon & Moseley as my legal representation for my divorce case. Jill is a terrific communicator and made me feel that my concerns were being heard and addressed. She is very thorough, and her attention to detail is impeccable... Read more
Finding an attorney is not a difficult task. However, finding a competent attorney who can skillfully navigate the complexities of third-party custody is virtually impossible. We truly believe that we are beyond fortunate to have found Bryan Ciyou, the best person to represent... Read more
Alex Moseley represented me for a stepparent adoption case in the Indiana Court of Appeals. (I have two stepchildren that have only ever known me as their mom.) I know that everyone thinks his or her case is important but my children’s lives were quite literally on the line... Read more
Julie Dixon is a very experienced litigator who instills respect from other attorneys and the family law court. With particular experience in dealing in high conflict situations, she puts the needs of the children first while pushing for the very best outcomes. Julie and her... Read more
Alex Moseley represented me in my case to file a motion to contempt on my ex for a prior divorce agreement. He’s absolutely fantastic & did a great job. He kept me updated on my case and the communication was the best. He always emailed me and called me quickly when I had... Read more
Mr. Ciyou represented me in a case and he not only fought to get me the best out come but he was great at communicating with me and making sure I understood everything that was going on. Mr. Ciyou was by far the best attorney I could have asked to have.
Bryan Ciyou and Jill Leslie are both phenomenal in handling my divorce case. Bryan assessed my situation accurately from day one. He knows exactly what was happening and how to handle it. He was a strong force that you can rely on, you felt protected and you know you are in... Read more
Bryan Ciyou and Julie Dixon are both excellent lawyers. Your first "RIGHT" move is to hire Dixon & Moseley and then trust them. Our family is "OUR" family because of their determination and follow through. Bryan and Julie work together to each address their best legal... Read more
Julie and her team did an outstanding work in helping me relocate with my son due a change in my job. It was a time-sensitive situation and she worked diligently in handling every aspect of the case in a very short-span of time. I also greatly appreciate that she spent... Read more
I will always use this firm from now on. I had a long fight for years and they stuck with me and got my case taken care of. Treated me well and explained things I didn't understand. Alex even went an extra mile after my case was over.. Very down to earth. Thanks for everything... Read more
Julie Dixon helped me out with a couple of matters. She is amazing! She listened to what I wanted, told me realistically what to expect, and had great insight on things I never would have thought of. Her and her team were always incredibly responsive and made sure to... Read more
I absolutely could NOT have asked for a better team to work with! Alex definitely went above and beyond to make sure I was prepared for every outcome possible, and explained every step along the way. The dedication that he had to my case , I truly believe could not be matched!... Read more
I was in a Child Custody case that my old Lawyer said I was lucky to have the offer I had. I needed someone who was going to fight for me. Bryan understood that even though this was not a big deal to the court , it was a big deal to me. Time with my son is very important and... Read more
Bryan and his firm has taken care of a few cases for my husband and I. They were prompt, polite, honorable, and professional. They will definitely get more business for me if I am ever in need of legal advice or representation. I would recommend them to anyone I know!
My divorce was very complex and took many years to be finalized. Bryan and Julie were patient, compassionate, and incredibly skilled in their legal strategy. They always took the time to listen to my concerns, promptly replied to all my emails, and stood by my side from start... Read more
I used Bryan Ciyou back in 2016-17 for my VERY complex and rather disturbing divorce case. He swiftly took my family’s grim situation to an emergency custody hearing and I had my daughter in my custody two hours after the judge gave her ruling! Bryan is quite in tune with the... Read more
Bryan was able to get me everything I asked for after a 20+ year marriage. He was overly prepared for any anticipated twist or turn that could have possibly happened. Navigating a divorce is rough enough, so having the best counsel who is truly devoted to the best interests of... Read more
I switched counsel mid-divorce. My previous lawyer came recommended via one of the many (what I understand now to be paid for) "100 best lawyers" or "Up and Coming attorneys" type sites that portray certain lawyers as leaders in the field. Bryan came recommended via good old... Read more
Outstanding! After my previous attorney passed away and having pending litigation, I had to find a new attorney and firm who could take on a complex guardianship case. From the moment I spoke with Julie after filling out the online contact form I knew I had found the best... Read more
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Based in Indianapolis and founded in 1995, Dixon & Moseley, P.C. is a niche law firm focused on successfully dealing with the complexities of divorce, high-conflict child custody and family law. Known for their ability to solve extremely complex situations with high quality work and responsiveness, Dixon & Moseley, P.C. will guide you every step of the way. The family law attorneys at Dixon & Moseley, P.C. will help you precisely identify your objectives and the means to reach your desired result. Life is uncertain. Be certain of your counsel. Indianapolis Divorce Attorneys, Dixon & Moseley, P.C.
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