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Attorney Fees: Do I Have to Pay My Own? | Lawyers Without Billboards – Ep. 7

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Manage episode 478733378 series 3650459
Content provided by Shewmaker & Lewis. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by Shewmaker & Lewis or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://podcastplayer.com/legal.

Who pays for attorney fees in a divorce or family law case in Georgia? Do you always have to pay your own, or can you make your ex pick up the tab? In this candid episode of Lawyers Without Billboards, Atlanta attorneys Steve Shewmaker, Patty Shewmaker, Jimmy Lewis, and Alexa Lewis tackle one of the most common—and misunderstood—questions in family law: Who pays for attorney fees?

Get real, practical answers as the team unpacks Georgia’s “American Rule” (everyone pays their own lawyer) and the major exceptions found in family law. The hosts break down the most important Georgia statutes—OCGA 9-15-14, 19-6-2, 19-6-15, and more—that could let a judge order one party to pay the other’s fees. You’ll hear real courtroom stories, practical examples, and a behind-the-scenes look at how judges decide whether to award attorney fees.

In this episode, you’ll learn:

  • The basics of the American Rule—and why it matters in family law
  • The key Georgia laws that can shift attorney fees in divorce, custody, child support, and legitimation cases
  • How bad behavior in litigation (think: stonewalling, refusing discovery, frivolous filings) can backfire under OCGA 9-15-14
  • How financial disparity and access to marital funds affect fee awards under 19-6-2 and 19-6-15
  • What judges really look for before granting (or denying) attorney fees
  • Real-life examples of fee awards—from a few thousand to over $80,000!
  • Why “hoping” the other side pays your fees is never a guarantee

Whether you’re going through a divorce, modifying child support, or dealing with custody, this episode gives you the straight truth about attorney fees in Georgia family law—and what it means for your case.
Chapter Markers | Timestamps

00:00 – Introduction: Welcome to Lawyers Without Billboards
00:45 – Icebreaker: Firm Potluck and Introductions
02:01 – Today’s Topic: Attorney Fees in Georgia Family Law
03:00 – The American Rule: Does Everyone Pay Their Own Fees?
04:00 – Can the Other Side Be Ordered to Pay? (Client Questions)
05:00 – Statutes that Allow Attorney Fee Awards in Georgia
05:55 – OCGA 9-15-14: Fees for Bad Conduct in Litigation
07:00 – Real-Life Stories: Biggest Fee Awards (and Losses)
10:00 – Burden-Shifting & Frivolous Litigation
11:53 – The Most Common Statute: OCGA 19-6-2 Explained
12:10 – Financial Disparity: How Judges Decide Fee Awards
13:20 – What the Court Considers: Not Always One-Sided
14:34 – Other Key Statutes: 19-6-15 (Child Support), 19-9-3 (Custody)
15:40 – Prevailing Party & Child Support Modifications
16:39 – Proving Income & Real Examples of Fee Awards
18:05 – Burden-Shifting Provisions & Modification Traps
19:23 – Alimony Modification and Fee Awards
20:23 – Risks of Fee Awards and Real-World Outcomes
21:00 – Other Scenarios: Legitimation, Paternity, and Discovery Motions
21:40 – Temporary Protective Orders (TPO) and Attorney Fees
22:15 – Judge’s Discretion: Why Fee Awards Are Never Guaranteed
23:33 – Partial Fee Awards: Why Clients Still Owe Their Lawyer
24:40 – Case-by-Case: Why Results Vary So Much
25:00 – How to Contact the Hosts & Wrap-Up

Need legal advice?

Call us at (770) 939-1939 or visit ShewmakerandLewis.com for more.

✉️ Have questions? Email [email protected]

🔔 Subscribe on Spotify, Apple Podcasts, Google Podcasts, or your favorite podcast app!

  continue reading

8 episodes

Artwork
iconShare
 
Manage episode 478733378 series 3650459
Content provided by Shewmaker & Lewis. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by Shewmaker & Lewis or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://podcastplayer.com/legal.

Who pays for attorney fees in a divorce or family law case in Georgia? Do you always have to pay your own, or can you make your ex pick up the tab? In this candid episode of Lawyers Without Billboards, Atlanta attorneys Steve Shewmaker, Patty Shewmaker, Jimmy Lewis, and Alexa Lewis tackle one of the most common—and misunderstood—questions in family law: Who pays for attorney fees?

Get real, practical answers as the team unpacks Georgia’s “American Rule” (everyone pays their own lawyer) and the major exceptions found in family law. The hosts break down the most important Georgia statutes—OCGA 9-15-14, 19-6-2, 19-6-15, and more—that could let a judge order one party to pay the other’s fees. You’ll hear real courtroom stories, practical examples, and a behind-the-scenes look at how judges decide whether to award attorney fees.

In this episode, you’ll learn:

  • The basics of the American Rule—and why it matters in family law
  • The key Georgia laws that can shift attorney fees in divorce, custody, child support, and legitimation cases
  • How bad behavior in litigation (think: stonewalling, refusing discovery, frivolous filings) can backfire under OCGA 9-15-14
  • How financial disparity and access to marital funds affect fee awards under 19-6-2 and 19-6-15
  • What judges really look for before granting (or denying) attorney fees
  • Real-life examples of fee awards—from a few thousand to over $80,000!
  • Why “hoping” the other side pays your fees is never a guarantee

Whether you’re going through a divorce, modifying child support, or dealing with custody, this episode gives you the straight truth about attorney fees in Georgia family law—and what it means for your case.
Chapter Markers | Timestamps

00:00 – Introduction: Welcome to Lawyers Without Billboards
00:45 – Icebreaker: Firm Potluck and Introductions
02:01 – Today’s Topic: Attorney Fees in Georgia Family Law
03:00 – The American Rule: Does Everyone Pay Their Own Fees?
04:00 – Can the Other Side Be Ordered to Pay? (Client Questions)
05:00 – Statutes that Allow Attorney Fee Awards in Georgia
05:55 – OCGA 9-15-14: Fees for Bad Conduct in Litigation
07:00 – Real-Life Stories: Biggest Fee Awards (and Losses)
10:00 – Burden-Shifting & Frivolous Litigation
11:53 – The Most Common Statute: OCGA 19-6-2 Explained
12:10 – Financial Disparity: How Judges Decide Fee Awards
13:20 – What the Court Considers: Not Always One-Sided
14:34 – Other Key Statutes: 19-6-15 (Child Support), 19-9-3 (Custody)
15:40 – Prevailing Party & Child Support Modifications
16:39 – Proving Income & Real Examples of Fee Awards
18:05 – Burden-Shifting Provisions & Modification Traps
19:23 – Alimony Modification and Fee Awards
20:23 – Risks of Fee Awards and Real-World Outcomes
21:00 – Other Scenarios: Legitimation, Paternity, and Discovery Motions
21:40 – Temporary Protective Orders (TPO) and Attorney Fees
22:15 – Judge’s Discretion: Why Fee Awards Are Never Guaranteed
23:33 – Partial Fee Awards: Why Clients Still Owe Their Lawyer
24:40 – Case-by-Case: Why Results Vary So Much
25:00 – How to Contact the Hosts & Wrap-Up

Need legal advice?

Call us at (770) 939-1939 or visit ShewmakerandLewis.com for more.

✉️ Have questions? Email [email protected]

🔔 Subscribe on Spotify, Apple Podcasts, Google Podcasts, or your favorite podcast app!

  continue reading

8 episodes

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