CALIFORNIA FAMILY LAW
...Attorney Fees
......Amount
.........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.