Thursday, August 8, 2013

Attorney's Fees on Paternity

On March 12, 2013, the Court of Appeals handed down Solangi v. Croney.  The quick facts of the case are that it was a paternity and custody case filed by the natural father.  The trial awarded almost $14,000.00 in attorney's fees to Ms. Croney.  The trial court based this largely on Mississippi Code Annotated 93-9-45. Mr. Solangi appealed.   The Court of Appeals reversed and rendered the award of attorney's fees.  The Court found that since Mr. Solangi brought the suit, Ms. Croney was not entitled to attorney's fees under the statute on the paternity portion of her claim and further that she showed no other basis to award attorney's fees on the custody portion of the claim.  I previously talked about attorney's fee here.  To me, 93-9-45 looks ripe for an equal protection challenge regardless.  Is there any reason a man could not obtain attorney's fees if he files for paternity to prove he is the father?  If a man cannot recover attorney's fees under the statute for having to bring the action, looks like a violation of equal protection based on gender to me.     

No comments:

Post a Comment