Category Archives: Attorney Fees

UCCJEA and Attorney Fee Awards

N.S. v. D.M. is a custody dispute that entangles two states and two counties and involves the complicated provisions of the Uniform Child Custody and Enforcement Act (UCCJEA). FACTUAL BACKGROUND OF THE CUSTODY PROCEEDINGS This is a paternity case. The … Continue reading

Posted in Attorney Fees, UCCJEA, Uniform Child Custody Jurisdiction Act | Leave a comment

Attorneys Cannot be Awarded 271 Sanctions

Webb v. Webb addresses the issue of sanctions requested by non-parties in a dissolution. FACTUAL BACKGROUND FOR THE REQUEST FOR SANCTIONS Wife and husband were getting a divorce when wife’s two separate attorneys recorded a family law attorney real property … Continue reading

Posted in Attorney Fees in Orange County | Leave a comment

Sanctions and Attorney Fees

The court has power to award sanctions when one spouse breaches his or her fiduciary duty as determined in In re Marriage of Fossum. FACTUAL BACKGROUND OF THE REQUEST FOR SANCTIONS The parties had been married for eight years. Just … Continue reading

Posted in Attorney Fees, Sanctions | Leave a comment

Can Attorney Fees be Awarded in a Grandparent Visitation Case in California?

In family law proceedings, a California court can require one party to pay the other party’s attorney fees. In Stuard v. Stuard, the family court ordered an adult son to pay his parents’ attorney fees when his parents filed a … Continue reading

Posted in Attorney Fees in Orange County, Best Interest, Custody, Grandparent Visitation Rights | Leave a comment

The Use of an Opposing Party’s Inheritance to Pay Attorney Fees in California

The appellate court in Smith determined that a court could look to an inheritance as a basis for an award of attorney fees in a divorce proceeding. FACTS OF THE CHILD SUPPORT PROCEEDINGS The parties to this divorce had been … Continue reading

Posted in Attorney Fees in Orange County | Leave a comment

Attorney Fees In California

In Keech the appellate court considered what evidence is necessary to substantiate an award of reasonable attorney fees in a divorce. FACTUAL BACKGROUND LEADING TO THE DISSOLUTION The parties were married for more than six years before the wife filed … Continue reading

Posted in Attorney Fees in Orange County | Leave a comment

Attorney Fees in California Divorce Actions

Sharples is a divorce case in California that addresses the award of attorney fees. FACTUAL BACKGROUND LEADING TO THE ATTORNEY FEE DISPUTE IN THE DISSOLUTION Both parties worked for the same company. However, the husband earned substantially more than the … Continue reading

Posted in Attorney Fees in Orange County | Leave a comment

Attorney Fees and Success on the Merits

When a request attorney fees is made in a dissolution proceeding, the court in Bendetti found that the requesting party need not prove success on the merits in order to receive a award of attorney fees. FACTUAL BACKGROUND LEADING TO … Continue reading

Posted in Attorney Fees | Leave a comment

Can a Trial Court Order a Non-Spouse Party to Pay Another Party’s Attorney Fees?

The court in Perry determined under what circumstances in California a parent of one of the parties can be ordered to pay attorney fees for the minor’s counsel, the father’s attorney fees, and the counseling of the minor child. FACTUAL … Continue reading

Posted in Attorney Fees | Leave a comment

How to Get Attorney Fees

In re Marriage of Hofer discusses the court’s power to order one party to pay the exorbitant attorney fees of the opposing party. FACTUAL BACKGROUND LEADING TO THE DISSOLUTION OF MARRIAGE The parties were married for eighteen years and had … Continue reading

Posted in Attorney Fees | Leave a comment