2007 California Family Code Chapter 3.5. Attorney\'s Fees And Costs

CA Codes (fam:2030-2034)

2030.  (a) (1) In a proceeding for dissolution of marriage, nullity
of marriage, or legal separation of the parties, and in any
proceeding subsequent to entry of a related judgment, the court shall
ensure that each party has access to legal representation to
preserve each party's rights by ordering, if necessary based on the
income and needs assessments, one party, except a governmental
entity, to pay to the other party, or to the other party's attorney,
whatever amount is reasonably necessary for attorney's fees and for
the cost of maintaining or defending the proceeding during the
pendency of the proceeding.
   (2) Whether one party shall be ordered to pay attorney's fees and
costs for another party, and what amount shall be paid, shall be
determined based upon, (A) the respective incomes and needs of the
parties, and (B) any factors affecting the parties' respective
abilities to pay.  A party who lacks the financial ability to hire an
attorney may request, as an in pro per litigant, that the court
order the other party, if that other party has the financial ability,
to pay a reasonable amount to allow the unrepresented party to
retain an attorney in a timely manner before proceedings in the
matter go forward.
   (b) Attorney's fees and costs within this section may be awarded
for legal services rendered or costs incurred before or after the
commencement of the proceeding.
   (c) The court shall augment or modify the original award for
attorney's fees and costs as may be reasonably necessary for the
prosecution or defense of the proceeding, or any proceeding related
thereto, including after any appeal has been concluded.
   (d) Any order requiring a party who is not the spouse of another
party to the proceeding to pay attorney's fees or costs shall be
limited to an amount reasonably necessary to maintain or defend the
action on the issues relating to that party.



2031.  (a) (1) Except as provided in subdivision (b), during the
pendency of a proceeding for dissolution of marriage, for nullity of
marriage, for legal separation of the parties, or any proceeding
subsequent to entry of a related judgment, an application for a
temporary order making, augmenting, or modifying an award of attorney'
s fees, including a reasonable retainer to hire an attorney, or costs
or both shall be made by motion on notice or by an order to show
cause.
   (2) The court shall rule on an application within 15 days of the
hearing on the motion or order to show cause.
   (b) An order described in subdivision (a) may be made without
notice by an oral motion in open court at either of the following
times:
   (1) At the time of the hearing of the cause on the merits.
   (2) At any time before entry of judgment against a party whose
default has been entered pursuant to Section 585 or 586 of the Code
of Civil Procedure.  The court shall rule on any motion made pursuant
to this subdivision within 15 days and prior to the entry of any
judgment.



2032.  (a) The court may make an award of attorney's fees and costs
under Section 2030 or 2031 where the making of the award, and the
amount of the award, are just and reasonable under the relative
circumstances of the respective parties.
   (b) In determining what is just and reasonable under the relative
circumstances, the court shall take into consideration the need for
the award to enable each party, to the extent practical, to have
sufficient financial resources to present the party's case
adequately, taking into consideration, to the extent relevant, the
circumstances of the respective parties described in Section 4320.
The fact that the party requesting an award of attorney's fees and
costs has resources from which the party could pay the party's own
attorney's fees and costs is not itself a bar to an order that the
other party pay part or all of the fees and costs requested.
Financial resources are only one factor for the court to consider in
determining how to apportion the overall cost of the litigation
equitably between the parties under their relative circumstances.
   (c) The court may order payment of an award of attorney's fees and
costs from any type of property, whether community or separate,
principal or income.
   (d) Either party may, at any time before the hearing of the cause
on the merits, on noticed motion, request the court to make a finding
that the case involves complex or substantial issues of fact or law
related to property rights, visitation, custody, or support.  Upon
that finding, the court may in its discretion direct the
implementation of a case management plan for the purpose of
allocating attorney's fees, court costs, expert fees, and consultant
fees equitably between the parties.  The case management plan shall
focus on specific, designated issues.  The plan may provide for the
allocation of separate or community assets, security against these
assets, and for payments from income or anticipated income of either
party for the purpose described in this subdivision and for the
benefit of one or both parties.  Payments shall be authorized only on
agreement of the parties or, in the absence thereof, by court order.
  The court may order that a referee be appointed pursuant to Section
639 of the Code of Civil Procedure to oversee the case management
plan.



2033.  (a) Either party may encumber his or her interest in
community real property to pay reasonable attorney's fees in order to
retain or maintain legal counsel in a proceeding for dissolution of
marriage, for nullity of marriage, or for legal separation of the
parties.  This encumbrance shall be known as a "family law attorney's
real property lien" and attaches only to the encumbering party's
interest in the community real property.
   (b) Notice of a family law attorney's real property lien shall be
served either personally or on the other party's attorney of record
at least 15 days before the encumbrance is recorded.  This notice
shall contain a declaration signed under penalty of perjury
containing all of the following:
   (1) A full description of the real property.
   (2) The party's belief as to the fair market value of the property
and documentation supporting that belief.
   (3) Encumbrances on the property as of the date of the
declaration.
   (4) A list of community assets and liabilities and their estimated
values as of the date of the declaration.
   (5) The amount of the family law attorney's real property lien.
   (c) The nonencumbering party may file an ex parte objection to the
family law attorney's real property lien.  The objection shall
include a request to stay the recordation until further notice of the
court and shall contain a copy of the notice received.  The
objection shall also include a declaration signed under penalty of
perjury as to all of the following:
   (1) Specific objections to the family law attorney's real property
lien and to the specific items in the notice.
   (2) The objector's belief as to the appropriate items or value and
any documentation supporting that belief.
   (3) A declaration specifically stating why recordation of the
encumbrance at this time would likely result in an unequal division
of property or would otherwise be unjust under the circumstances of
the case.
   (d) Except as otherwise provided by this section, general
procedural rules regarding ex parte motions apply.
   (e) An attorney for whom a family law attorney's real property
lien is obtained shall comply with Rule 3-300 of the Rules of
Professional Conduct of the State Bar of California.



2034.  (a) On application of either party, the court may deny the
family law attorney's real property lien described in Section 2033
based on a finding that the encumbrance would likely result in an
unequal division of property because it would impair the encumbering
party's ability to meet his or her fair share of the community
obligations or would otherwise be unjust under the circumstances of
the case.  The court may also for good cause limit the amount of the
family law attorney's real property lien.  A limitation by the court
is not to be construed as a determination of reasonable attorney's
fees.
   (b) On receiving an objection to the establishment of a family law
attorney's real property lien, the court may on its own motion
determine whether the case involves complex or substantial issues of
fact or law related to property rights, visitation, custody, or
support.  If the court finds that the case involves one or more of
these complex or substantial issues, the court may direct the
implementation of a case management plan as provided in subdivision
(d) of Section 2032.
   (c) The court has jurisdiction to resolve any dispute arising from
the existence of a family law attorney's real property lien.