Attorney’s Fees While Enforcing Court Orders.

A party who has been forced to resort to the judicial process to secure compliance with the terms of an order or judgment is entitled to her reasonable attorney fees even absent a showing of inability to pay.

The trial court has no discretion as to whether to award reasonable attorney fees and costs incurred in enforcement of its orders, for if the failure to pay was without cause of justification, the award of reasonable attorney fees is mandatory.

Attorneys Fees for Divorce Lawyers.

It is clear that the trial court has general power to award attorney fees pursuant to subsection (a) of this section and also pursuant to the plenary equitable powers of the trial court; however, regardless of the source, the power must be exercised while the trial court retains general jurisdiction over the cause. Where the court had evidence before it of the financial resources of both parties when ruling on the issue of attorney fees and where no hearing had been requested, the trial court’s failure to conduct a hearing on the propriety of the award of attorney fees was not error. The award of attorney fees is based on a showing of the inability of one spouse to pay and the ability of the other spouse to do so. The court may order either spouse to pay a reasonable amount for the costs and attorney fees necessarily incurred by the other spouse. The granting of attorney fees is improper where no evidence is heard as to the items of service which were performed, the basis of the amount requested, or the reasonableness of such fees.