CALIFORNIA FAMILY LAW
...Attorney Fees
......Waiver of Right to Fees
7 Cards On This Topic:
  • General boilerplate language that intent of MSA was to relinquish claims against the other was sufficient to preclude an award of attorney fees to challenge it.
  • By not filing a post-trial motion for attorney fees, as ordered by the trial court, W waived the issue on appeal.
  • While waivers of future rights to attorney’s fees are unenforceable for issues related to children, they are enforceable for spousal support.
  • Agreement between parents for custodial parent to indemnify noncustodial parent for child support liability relating to child is void.
  • Waiver of attorney fees by W invalid.
  • Fees may be awarded for child support action, even when right to fees waived in MSA.
  • Court may not award fees if party has waived right to fees in pre-1967 MSA.