The custodial parent may have a claim for attorney’s fees if the fees are reasonable, the action is for child support only, the party is acting in good faith and has insufficient funds to pay the lawsuit’s expenses, and the party ordered to provide support has refused to provide support which is adequate under the circumstances existing at the time the suit was instituted.
In evaluating whether the non-custodial parent has refused to provide sufficient support, the court considers the reasonable living expenses of the parent with custody, the child’s past and present expenses, and, if applicable, the amount of support the non-custodial parent has provided. In order for the court to evaluate the reasonableness of attorney’s fees, there must be evidence as to “the nature and scope of the legal services, the skill and time required, and the relationship between the fees customary in such a case and those requested.”
