What is the test for awarding attorney's fees and costs to the wife?

California, United States of America


The following excerpt is from Marriage of Sullivan, In re, 127 Cal.App.3d 656, 184 Cal.Rptr. 796 (Cal. App. 1982):

That brings us to husband's cross-appeal directed at the award of attorney's fees and costs to the wife. As correctly observed by wife in her reply brief, in awarding attorney's fees the court "must consider the respective incomes and needs of the husband and wife," citing In re Marriage of Janssen, 48 Cal.App.3d 425, 428, 121 Cal.Rptr. 701. This proposition reflects language in Perry v. Superior Court, 7 Cal.App.3d 236, 86 Cal.Rptr. 607, where the court said, "Awarding of fees is proper only upon a finding of necessity; ..." (Id. at p. 243, 86 Cal.Rptr. 607.)

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