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Attorneys Fees in Modification actions.

Clients often ask if they can recover their attorneys fees from the opposing, offending party. It would seem if you are a Mother taking care of children and you have to file an action to get more child support, you should be able to get fees back for trying to get the increased support.  But Mississippi law is not really favorable on that.  Even though the action might have been merited, the Mother still has to show a court she did not have the ability to pay the fees.  This includes borrowing the money. The same is true in divorce cases.  Moreover, Judge’s often don’t allow the amount of the actual fees.  In my opinion, this is a long standing and fundamental problem for people. See, Blevins v. Wiggins, No. 2017-CA-01283-COA.