SOGGE VS. SOGGE (CHILD CUSTODY)

Key holdings

Practitioner summary

The court affirmed the denial of the appellant's motion for attorney's fees incurred in opposing a change-of-custody motion. The award of attorney's fees in divorce proceedings lies within the sound discretion of the trial judge, and where the record is barren of any evidence of abuse of that discretion, the determination will not be disturbed on appeal, citing Woodruff v. Woodruff, 94 Nev. 1, 573 P.2d 206 (1978); Applebaum v. Applebaum, 93 Nev. 382, 566 P.2d 85 (1977); and Fletcher v. Fletcher, 89 Nev. 540, 516 P.2d 103 (1973).

In plain language

Richard and Mary Sogge divorced in 1973, and Mary was given custody of their four children. In 1976, Richard moved to change custody. Mary asked the court to order Richard to pay her attorney's fees and deposition costs so she could oppose him, saying she had received no support payments since April 1976, had no money, and could not afford a lawyer. The judge ordered Richard to pay $600 toward her costs but reserved the final ruling. Richard's response noted he had given Mary $520,000 plus child support since the divorce. After a hearing, the court awarded custody of the children to Richard and denied Mary's request for attorney's fees, ordering each side to pay its own costs. Mary appealed only the denial of attorney's fees. The Nevada Supreme Court affirmed. It held that awarding attorney's fees in divorce proceedings is within the sound discretion of the trial judge, and because the record showed no abuse of that discretion, the denial would not be disturbed on appeal.