One of the most common questions asked during a Texas custody or divorce case is:

"Can the judge make my ex pay my attorney's fees?"

The answer is yes—but not automatically.

Unlike many civil lawsuits where attorney's fees generally require a specific statute or contract, Texas family courts have broad statutory authority to award attorney's fees in many proceedings affecting the parent-child relationship. Whether fees are awarded depends on the facts of the case, the conduct of the parties, and the trial court's discretion.

Understanding how Texas Family Code § 106.002 works can help parents better evaluate both the risks and the potential costs of litigation.

The Statutory Authority

Texas Family Code § 106.002 provides in relevant part:

"The court may render judgment for reasonable attorney's fees and expenses and order the judgment and postjudgment interest to be paid directly to an attorney."

This seemingly simple provision gives Texas family courts significant flexibility when resolving custody, conservatorship, possession, child support, enforcement, and modification proceedings.

Unlike some statutes that require a prevailing party, this provision generally leaves the decision to the discretion of the court.

What Types of Cases Can Include Attorney's Fees?

Attorney's fees frequently arise in cases involving:

• Original SAPCR proceedings
• Child custody disputes
• Child support litigation
• Modification cases
• Enforcement actions
• Contempt proceedings (subject to applicable law)
• Paternity cases
• Termination proceedings (in appropriate circumstances)

The authority is intentionally broad because family litigation often involves ongoing parent-child relationships rather than a simple winner and loser.

The Court Looks at Reasonableness

A court does not simply award whatever amount appears on an attorney's invoice.

Instead, the requested fees generally must be shown to be reasonable and necessary.

Evidence often includes:

• attorney billing records,
• hourly rates,
• time spent,
• complexity of the litigation,
• experience of counsel,
• customary fees in the community,
• and testimony regarding the work performed.

Judges regularly evaluate fee requests during final hearings or trials.

The Award Is Discretionary

One important feature of § 106.002 is that it says the court "may" award fees—not "shall."

That distinction matters.

Even if one party incurs substantial legal expenses, the court may decide that each side should bear its own fees.

Likewise, a court may award only part of the requested fees rather than the entire amount.

Litigation Conduct Often Matters

Although every case is different, courts frequently consider litigation conduct when deciding fee requests.

Examples may include:

• unnecessary delays,
• repeated violations of court orders,
• discovery abuse,
• filing meritless pleadings,
• refusal to cooperate during litigation,
• failure to comply with parenting orders,
• or conduct that unnecessarily increases litigation costs.

Conversely, a party who acts reasonably throughout the case may be less likely to face a significant fee award.

Fees Can Be Awarded Directly to the Attorney

One unusual feature of § 106.002 is that the judgment may be entered directly in favor of the attorney.

Rather than requiring payment through the client, the statute authorizes the court to order payment directly to counsel.

This can simplify collection and clarify who owns the judgment.

Attorney's Fees Are Not Punitive

Many people assume that if they are ordered to pay the other side's attorney's fees, they have somehow been "punished."

That is not necessarily true.

Family courts frequently award fees for practical reasons, including promoting fairness, compensating reasonable litigation expenses, or addressing unnecessary costs created during the case.

The award is generally intended to facilitate justice—not simply penalize one parent.

Appeals Can Affect Fee Awards

Like many issues in family law, attorney's fee awards may be reviewed on appeal.

Appellate courts generally review these awards under an abuse-of-discretion standard, meaning considerable deference is given to the trial court's decision.

For that reason, creating an adequate evidentiary record regarding the requested fees is often extremely important.

Practical Takeaway

Attorney's fees can become one of the most financially significant aspects of a Texas family law case. While Texas Family Code § 106.002 gives judges broad discretion to award reasonable attorney's fees, there is no automatic rule that the losing party must pay the winning party's legal expenses. The specific facts of the case, the evidence presented, and the conduct of the parties all play an important role in the court's decision.

If you are involved in a custody dispute, modification, enforcement action, or other family law matter, understanding the possibility of an attorney's fee award can help you make more informed litigation decisions and better evaluate settlement opportunities.

At David C. Barsalou, Attorney at Law, PLLC, we help clients navigate business, family, tax, estate planning, and real estate matters ranging from document drafting to litigation with clarity and confidence. If you’d like guidance on your situation, schedule a consultation today. Call us at (713) 397-4678, email barsalou.law@gmail.com, or reach us through our Contact Page. We’re here to help you take the next step.