How have courts dealt with a spouse's request for attorney fees under the Family Code?

Moreover, relative to attorney fees, income and expense declarations are used to demonstrate the parties' relative need and ability to pay. (cf. Burkle v. Burkle (2006) 144 Cal.App.4th 387, 403 [harmless error to seek fees as a Family Code section 271 sanction without filing an income and expense declaration because no need to demonstrate financial need for sanctions].) Klink was pursuing wife's request for need-based attorney fees under Family Code section 2030, but the court already determined wife's need for fees and husband's ability to pay those fees "in whole or in part." Therefore, the "sole issue" before the court on the February RFO was "what amount of attorney's fees and costs is just and reasonable in this case." (Fam. Code, 2030, subd. (a)(1).) The parties' income and expense declarations were not required for the court to make that determination. (See In re Marriage of Kelso (1998) 67 Cal.App.4th 374, 385 [courts may consider various factors including the nature of the litigation, its complexity, the amount involved, the financial circumstances of the parties, the legal skill involved, and whether counsel's skill and effort were wisely devoted to the expeditious disposition of the case].) Husband has failed to show prejudice.

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