CALIFORNIA FAMILY LAW
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Attorney Fees
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Amount
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Factors Considered
............Need and Ability to Pay
11 Cards On This Topic:
In ordering fees, court must consider factors set forth in Fam. Code §4320.
Need-based attorney fee order properly made to party worth $14M based on their "relative" need.
Trial court abused its discretion in awarding attorney fees and costs without considering Fam. Code §2030 (a) ability to pay and reasonableness factors.
Award justified by H's far greater earning ability.
Award of fees to supported spouse sustained where evidence suggested paying spouse had substantial unreported income.
Court may base attorney fee order on earning ability rather than actual earnings.
Error to award fees to needy party unless other party has ability to pay.
No award of fees against contemnor absent showing of need by moving party.
Court not required to find that supported spouse unable to pay fees before ordering other spouse to pay.
Error to order H to pay W's fees when W had ability to pay.
Supported spouse must show need for attorney fee award.