CALIFORNIA FAMILY LAW
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Attorney Fees
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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.