CALIFORNIA FAMILY LAW
...Attorney Fees
......Auth. Favoring Supported Spouse
.........Pendente Lite Fee Awards
 10 Cards On This Topic:
  • Courts shall ensure that fee awards are made such that both parties have access to legal representation.
  • Court shall order amount sufficient to provide reasonable retainer to hire an attorney and shall rule on application, which can be made orally, within 15 days of hearing.
  • A court violates FC §2030 by not promptly ruling on a request for pendente lite attorney's fees.
  • Abuse of discretion to deny attorney fees pendente lite w/o considering need and ability to pay.
  • Prospective award of fees and costs in excess of prayer affirmed.
  • Trial ct. may augment fee awards throughout case, including after appeal concluded.
  • Final fee order may award fees for entire action, even if prior orders denied fee requests.
  • Supported spouse not required to impair capital to finance marital litigation.
  • Pendente lite award of fees "on account" not res judicata as to amount of fees ultimately to be paid.
  • Award of fees pendente lite to W who had sufficient income from s/p estate reversed.


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