ATTORNEY’S FEES
California Attorney’s Fees & Costs
In a dissolution of marriage or legal separation proceeding, generally both parties will be responsible for the payment of their own attorney’s fees and costs. However, Family Code section 2030 does provide that, upon request, the high income earning spouse be required to pay a portion of the low income earning spouse’s attorney’s fees and costs.
Specifically, the law requires that the court ensure that each party has access to legal representation, including access early in the proceedings, to preserve each party’s rights by ordering, if necessary based on the income and needs assessments, one party to pay to the other party whatever amount is reasonably necessary for attorney’s fees and for the cost of maintaining or defending the action.
If a request for attorney’s fees and costs is made, the court is required to make findings as to whether an award of attorney’s fees and costs would be appropriate. In making such a determination the court must look to whether there is a disparity in access to funds to retain counsel, and whether one party is able to pay for legal representation of both parties. If the findings demonstrate disparity in access and ability to pay, the court is required to make an order awarding attorney’s fees and costs.
Additionally, in a custody proceeding, Family Code section 3121 also provides for an award of attorney’s fees and costs based on the same standards set forth in Family Code section 2030.
Fees awarded pursuant to Family Code sections 2030 and 3121 are commonly referred to as “needs-based” awards since the orders are based on one party’s need and the other party’s ability to pay.
To learn more about attorney fee awards, call (530) 214-8700 today to schedule a consultation.
Attorney’s Fees as Sanctions
However, fees may also be imposed in the form of a sanction against a party to deter misconduct. For example, pursuant to Family Code section 271, the court may base an award of attorney’s fees and costs on the extent to which the conduct of either party furthers or frustrates the policy of the law to promote settlement of litigation and, where possible, to reduce the cost of litigation by encouraging cooperation between the parties and attorneys. In making a fee award pursuant Family Code section 271, the court is required to take into consideration all evidence concerning the parties’ incomes, assets, and liabilities, and the court may not issue a sanction that imposes an unreasonable financial burden on the party against whom the sanction is imposed. Sanctions may also be imposed against parties, and sometimes their attorneys, for abuses of the discovery process as well.
Furthermore and differently from a family law proceeding, in a domestic violence proceeding, after notice and a hearing, the court may issue an order for the payment of the attorney’s fees and costs of the prevailing party.
Call (530) 214-8700 today to schedule a consultation to learn more about awards of attorney’s fees and costs and your rights, responsibilities, and options moving forward. You can also learn more about legal costs and the services we offer by visiting the Services & Fees page.