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.