So called “loser pays” statutes don’t apply in family
law because it is very difficult to identify a “winner” and
a “loser”. Often, some aspects of the decision will favor
one party, and other aspects the other. If a party makes an argument that
is “frivolous” or “groundless” as provided by
the relevant statutes, then that party can be made to pay attorneys fees
as punishment. This happens very rarely. Where one party violates a court
order, for example to pay child support, the law may require payment of
attorneys fees.
