In what circumstances will a court order attorney fees and costs in a dissolution proceeding?

California, United States of America


The following excerpt is from Marriage of Sullivan, In re, 209 Cal.Rptr. 354, 37 Cal.3d 762, 691 P.2d 1020 (Cal. 1984):

In making its determination as to whether or not attorney fees and costs should be awarded, the trial court considers the respective needs and incomes of the parties. (In re Marriage of Popenhager, supra, 99 Cal.App.3d at p. 525, 160 Cal.Rptr. 379; In re Marriage of Janssen (1975) 48 Cal.App.3d 425, 428, 121 Cal.Rptr. 701.) Further, the trial court is not restricted in its assessment of ability to pay to a consideration of salary alone, but may consider all the evidence concerning the parties' income, assets and abilities. (Meagher v. Meagher (1961) 190 Cal.App.2d 62, 64, 11 Cal.Rptr. 650; Estes v. Estes (1958) 158 Cal.App.2d 94, 98, 322 P.2d 238.)

Finally, a motion for attorney fees and costs in a dissolution proceeding is left to the sound discretion of the trial court. (Stewart v. Stewart (1909) 156 Cal. 651, 656, 105 P. 955; In re Marriage of Cueva (1978) 86 [37 Cal.3d 769] Cal.App.3d 290, 296, 149 Cal.Rptr. 918.) In the absence of a clear showing of abuse, its determination will not be disturbed on appeal. (Ibid.; In re Marriage of Janssen, supra, 48 Cal.App.3d at p. 428, 121 Cal.Rptr. 701.) "[T]he trial court's order will be overturned only if, considering all the evidence viewed most favorably in support of its order, no judge could reasonably make the order made. [Citations.]" (In re Marriage of Cueva, supra, 86 Cal.App.3d at p. 296, 149 Cal.Rptr. 918.)

Other Questions


In what circumstances will a court grant an award of costs and fees for the untimely filing of a cost memorandum and motion for attorney fees? (California, United States of America)
What is the test for a court to award attorney's fees and costs in a dissolution proceeding? (California, United States of America)
Can a court order attorney's fees and costs in a divorce proceeding? (California, United States of America)
What is the test for a motion to review an order from the Superior Court of Appeal against a motion of appeal against an order requiring the Court to review the order? (California, United States of America)
In what circumstances will a judge order a motion to set aside a previous order in the administration of the same estate after the same order has become final? (California, United States of America)
Is a client's attorney required to repay all moneys laid out by the attorney to the attorney before the client can make a claim against the attorney? (California, United States of America)
Does the Attorney General have a valid case to argue that the only circumstances in aggravation listed in both the probation report and the sentencing memorandum submitted by the district attorney are the circumstances in which the sentence was imposed? (California, United States of America)
How have courts treated attorney fees in costs under the California Court of Appeal? (California, United States of America)
Does a court have jurisdiction to award costs and attorney fees in a personal injury action where the substantive demand is within the jurisdiction of a municipal court? (California, United States of America)
When a judgment of divorce is not self-executing in respect of any division of property ordered, does the court have jurisdiction to make further orders to compel obedience to the order? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.