What is the test for obtaining attorney fees on appeal from a marriage dissolution proceeding?

California, United States of America


The following excerpt is from Plunkett v. Plunkett (In re Plunkett), D066371 (Cal. App. 2015):

Attorney fees on appeal from a marriage dissolution proceeding may be awarded if four conditions are met: "(1) the requesting spouse must show a need for the award; (2) the paying spouse must have the ability to pay the fees; (3) the appeal must be taken in good faith; and (4) there must be reasonable grounds for the appeal, although this does not imply that the requesting spouse must prevail on appeal." (In re Marriage of Davis (1983) 141 Cal.App.3d 71, 78.) "The granting or denial of counsel fees on appeal in divorce litigation is within the sound discretion of the trial court and an order made either way will not be reversed in the absence of an abuse of discretion." (Hunter v. Hunter (1962) 202 Cal.App.2d 84, 92.)

2. Attorney Fees Incurred for Child Support

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