Marriage of Thompson CA2/2

BACKGROUND

The marriage of Paul and Shelly Thompson was dissolved by a judgment entered in 2015. By November 1, 2018, the parties were embroiled in a “High Conflict” custody dispute over their minor child. On that date, the family court appointed Marie Koestner, a family law attorney, to represent the minor child. The court reviewed the parties’ most recent income and expense declarations and ordered Paul and Shelly to share equally (50– 50) the costs and fees for Koestner’s representation of their minor child. Neither party objected. Disputed Attorney Fees and MFAA Arbitration Demand A. Events Leading Up To and Including the Fee Dispute Shelly represented herself at a February 21, 2023 custody hearing. At the conclusion of the hearing, Attorney Koestner

1 For simplicity and clarity, the first names of the parties are used in this opinion.

2 requested the family court to order Shelly to pay her outstanding attorney fees “forthwith.” Koestner would then resume billing Shelly monthly. To date, Shelly’s unpaid accumulated fees amounted to approximately “6,000.” Koestner reminded the court that Shelly’s Income and Expense Declaration indicated she had $40,000 in cash and…