Understanding Payment Options for Family Law Attorneys
Do family law attorneys in Oklahoma offer contingency fee arrangements as payment? I’m Tulsa child support attorney James Wirth, and that’s the question we have today.
Here’s the full version of the question: “Do family law attorneys offer a contingency plan as payment? My ex’s lawyer is coming after me for child support, and I know she’s broke.”
So, let’s talk about contingency fees in family law cases.
Common Fee Structures in Family Law
Generally, attorneys use a few different types of fee structures:
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- Hourly retainer: The most common in family law. The client pays a set hourly rate for work performed, often requiring a trust account balance to cover fees as they accrue.
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- Flat fee: More common in straightforward, agreed cases. For example, an agreed divorce might be quoted at a single flat fee that covers specific services.
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- Contingency fee: Very common in personal injury cases—“If we don’t collect, you don’t pay.” The attorney then takes a percentage of what is recovered.
Contingency Fees in Oklahoma Family Law
But in family law, contingency fees are rare. In fact, for most family law issues—like property division—it’s not only uncommon, it’s not ethically allowed for an attorney to take a contingency fee in Oklahoma.
There is, however, one exception: the collection of child support. In child support cases, an attorney can ethically agree to take a percentage of what is collected in back child support. For example, one-third of whatever is recovered might go to the attorney as their fee.
So, if your ex’s lawyer is aggressively pursuing you for child support, it’s possible—but still uncommon—that they are working on a contingency arrangement. Much more often, attorneys in family law cases bill hourly.
Get Expert Legal Advice
If you’re facing this situation in Oklahoma and want advice specific to your circumstances, it’s important to talk to a Tulsa family law attorney privately and confidentially. To schedule a consultation with my office, visit MakeLawEasy.com or call 918-879-1681.
