1-127. Attorney fees in domestic relations cases.
A motion for attorney fees pursuant to Rule 1-054 NMRA
shall include an itemization of time expended and an
affirmation that the fees claimed are correctly stated and
necessary. In awarding fees, the court shall consider
relevant factors presented by the parties, including but not
limited to:
A. disparity of the parties' resources, including
assets and incomes;
B. prior settlement offers;
C. the total amount of fees and costs expended by each
party, the amount paid from community property funds, any
balances due and any interim advance of funds ordered by the
court; and
D. success on the merits.
[Approved, effective November 1, 2000 until November 1, 2001;
approved, effective November 1, 2001.]
Annotation
See Monsanto v. Monsanto, 119 N.M. 678, 894 P.2d 1034
(Ct.App., 1995) for authority for awarding attorneys fees in
domestic relations actions.