If a court orders a party to pay attorney’s fees or costs under this code, the court shall first determine that the party has or is reasonably likely to have the ability to pay.
Part 5ATTORNEY'S FEES AND COSTS
Section § 270
Before a court orders someone to pay for another person’s lawyer or legal costs, it must decide if they can afford it or will likely be able to.
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Section § 271
This law allows a court to make someone pay the other party's attorney's fees if their behavior either helps or hinders settling a dispute and controlling litigation costs. This is kind of like a penalty. When deciding on this, the court looks at everyone's financial situation to ensure the penalty isn't too harsh. You don't need to prove you're financially struggling to ask for this fee award. The person who might pay these fees must be given advance notice and a chance to object in court. Any fees awarded will come from that person's income or property, but not to the point of causing severe financial hardship.
(a)CA Family Law Code § 271(a) Notwithstanding any other provision of this code, the court may base an award of attorney’s fees and costs on the extent to which any conduct of each party or attorney 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. An award of attorney’s fees and costs pursuant to this section is in the nature of a sanction. In making an award pursuant to this section, the court shall take into consideration all evidence concerning the parties’ incomes, assets, and liabilities. The court shall not impose a sanction pursuant to this section that imposes an unreasonable financial
burden on the party against whom the sanction is imposed. In order to obtain an award under this section, the party requesting an award of attorney’s fees and costs is not required to demonstrate any financial need for the award.
(b)CA Family Law Code § 271(b) An award of attorney’s fees and costs as a sanction pursuant to this section shall be imposed only after notice by the requesting party or the court to the party against whom the sanction is proposed and opportunity for that party to be heard is provided by the
court.
(c)CA Family Law Code § 271(c) An award of attorney’s fees and costs as a sanction pursuant to this section is payable only from the property or income of the party against whom the sanction is imposed, except that the award may be against the sanctioned party’s share of the community property.
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Section § 272
When a court decides that one person should pay for the other person's attorney fees, the judge can decide if the money goes directly to the attorney. The payment order can be enforced by either the attorney or the person it's meant to benefit. If the attorney is no longer working for that person, they must give a 10-day notice before trying to collect the fees. During that time, the former client can ask the court to reconsider who gets the money, especially if they have a new lawyer taking over.
(a)CA Family Law Code § 272(a) Where the court orders one of the parties to pay attorney’s fees and costs for the benefit of the other party, the fees and costs may, in the discretion of the court, be made payable in whole or in part to the attorney entitled thereto.
(b)CA Family Law Code § 272(b) Subject to subdivision (c), the order providing for payment of the attorney’s fees and costs may be enforced directly by the attorney in the attorney’s own name or by the party in whose behalf the order was made.
(c)CA Family Law Code § 272(c) If the attorney has ceased to be the attorney for the party in whose behalf the order was made, the attorney may enforce the order only if it appears of record that the attorney has given to the former client or successor counsel 10 days’ written notice of the application for enforcement of the order. During the 10-day period, the client may file in the proceeding a motion directed to the former attorney for partial or total reallocation of fees and costs to
cover the services and cost of successor counsel. On the filing of the motion, the enforcement of the order by the former attorney shall be stayed until the court has resolved the motion.
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Section § 273
In family law cases or child support matters, courts cannot make government agencies pay for the other side's attorney fees unless they're penalized under certain conditions, specifically sections 128.5 or 271, which address misconduct.
Notwithstanding any other provision of this code, the court shall not award attorney’s fees against any governmental agency involved in a family law matter or child support proceeding except when sanctions are appropriate pursuant to Section 128.5 of the Code of Civil Procedure or Section 271 of this code.
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Section § 274
This law section says that if a spouse is hurt in a way that allows them to use Section 4324 for a legal remedy, they can also get the other spouse to pay their legal fees. These fees are given as a penalty, but this can only happen if the other spouse is told about it first and gets a chance to speak up. The payment for these fees has to come from the responsible spouse's own assets or income, though it can also be taken from their share of any shared property. Importantly, the spouse asking for these fees doesn’t need to prove they’re financially needy.
(a)CA Family Law Code § 274(a) Notwithstanding any other provision of law, if the injured spouse is entitled to a remedy authorized pursuant to Section 4324, the injured spouse shall be entitled to an award of reasonable attorney’s fees and costs as a sanction pursuant to this section.
(b)CA Family Law Code § 274(b) An award of attorney’s fees and costs as a sanction pursuant to this section shall be imposed only after notice to the party against whom the sanction is proposed to be imposed and opportunity for that party to be heard.
(c)CA Family Law Code § 274(c) An award of attorney’s fees and costs as a sanction pursuant to this section is payable only from the property or income of the party against whom the sanction is imposed, except that the award may be against the sanctioned party’s share of the community property. In order to obtain an award under this section, the
party requesting an award of attorney’s fees and costs is not required to demonstrate any financial need for the award.
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