CALIFORNIA FAMILY LAW
...Attorney Fees
......Actions-Types of
.........Paternity-Fam. Code §§7600 et seq.
 11 Cards On This Topic:
  • Court shall order amount sufficient to provide reasonable retainer to hire an attorney in Uniform Parentage Act matters and shall rule on application, which can be made orally, within 15 days of hearing.
  • Fees are permitted in paternity actions.
  • Matters are "related to" the UPA for Fam. Code §7605 fees if they involve custody, visitation, support and restraining orders.
  • In interstate custody dispute with F, trial ct. improperly denied Mother attorneys fees and costs under FC §7605(a) where IL action was sufficiently related to CA custody case.
  • FC §7605 only allows fee-shifting of attorneys fees and costs and does not allow the recovery of child care, travel or relocation expenses incurred in connection with custody litigation.
  • In evaluating parties' respective abilities to pay, trial court may properly consider the standards and circumstances pertinent under a FC 2032 comparative analysis.
  • FC §7640 gives the trial court discretion to award attorney fees for proceedings on the issues of custody, visitation, and support that occur after paternity has been established and/or after judgment.
  • Fam. Code §7640 is constitutional on its face.
  • Fee awards in paternity actions are discretionary with court.
  • Party who successfully defends against paternity action brought by county may be entitled to fees.
  • Fees may be awarded after determination of paternity. Case not over until fees and support determined.


    •