CALIFORNIA FAMILY LAW
...
Attorney Fees
......
Auth. Favoring Supported Spouse
.........Abuse of Discretion
9 Cards On This Topic:
Award to W of 150% of fees H paid to his attorneys not an abuse of discretion.
Public policy purpose behind FC 2030 and 2032 is leveling the playing field and permitting the lower-earning spouse to pay counsel and experts to litigate issues in the same manner as the spouse with higher earnings.
Fact that W had access to high-quality legal services and ability to pay own fees insufficient reasons to deny her fee request.
Where no showing atty time or fees unreasonable, and parties' respective finances clearly justify higher award, drastic reduction in requested amount could not be sustained.
$9,129 award on bill of $28,510 bill reversed; court must consider claimant's ability to pay in making award.
Failure to award W adequate fees on appeal would deny her access to legal representation necessary to preserve all of her rights.
$1,000 ordered on $5,000 bill an abuse of discretion where H in superior financial position.
Evidence did not support low award of fees to W's attorneys.
Cases discussing abuse of discretion in attorney’s fees award or denial.