CALIFORNIA FAMILY LAW
...Attorney Fees
......Auth. Favoring Supported Spouse
.........Need
6 Cards On This Topic:
  • Although "need" is a factor to be considered, the fact that the requesting party has resources from which attorney fees could be paid does not preclude award.
  • Family ct. may award spouse need-based attorney's fees based on the premise that spouse has a right to retire.
  • Award of attorney's fees and costs to party who could pay own fees and costs; "need" not required.
  • No specific finding of W's inability to pay attorney fees award is required.
  • No award of fees to non-needy party from needy party as sanctions.
  • XREF: The supported spouse's need and its effect on attorney's fee orders.