Thursday, June 7, 2012

Needs-based Attorney Fees in California Family Law and Divorce Cases


Under the California Family Code §2030, needs-based attorneys fees may be awarded to one spouse to ensure equal access to representation.  What this means is that it is entirely possible that one spouse usually the breadwinner of the family may have to pay in a dissolution action the attorneys fees for both parties.  The purpose under 2030 is to preserve each parties rights in the dissolution (divorce) proceeding. 

The exact amount that should be awarded as a needs based fee is under full discretion of the Judge.  2030 says “whatever amount is reasonably necessary.”  For a needs-based attorney fee award the court will look at “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.”  Such an attorneys fees award should be granted early in the proceeding as a way of leveling the playing field between the parties. 

So what does this mean for litigants?  Say your spouse was the breadwinner of the family and controls most of the community resources, your spouse files a dissolution action against you and lawyers up. You are left to defend the case without an attorney.  California Family Code §2030 contemplates that in these types of situations this spouse will pay for both the attorney’s fees to ensure equal access. 
   

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