In Re the Marriage of Joseph

Appellant Jim S. Joseph (husband) appeals from a lower court ruling permitting his former wife, Diana L. Joseph (wife), to seek attorney’s fees in connection with a postjudgment child custody dispute between the parties. Husband contends the attorney’s fee waiver provision contained in the parties’ marital settlement agreement precludes an award of attorney’s fees, including those incurred in connection with disputes regarding the custody and support of the parties’ children. Wife cross-appeals from the court’s denial of fees, contending the court erred in concluding she had not demonstrated any need for attorney’s fees.

Background

Husband and wife married in 1976 and separated in 1984. They have three children who, at the time of the dissolution, were ages 8, 6 and 4. On February 15, 1985, husband and wife entered into a marital settlement agreement which resolved the parties’ financial issues. Because the parties were attempting to reach a mediated solution regarding the custody of their children the agreement contained only interim arrangements for child custody.

The marital settlement agreement gave wife $1,150,000 in cash, an oil and gas partnership, three…