(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 determine the appropriate,
equitable allocation of attorney’s fees, court costs, expert fees, and consultant fees between the parties. The court order 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 allocation of fees and costs.
Notes of Decisions
Mooney v. Superior Court of Santa Cruz Cnty., 245 Cal. App. 4th 523 (Cal. Ct. App. 2016).
· cites it 9× “Family Code section 2032 provides: “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.”
In Re Marriage of Falcone & Fyke, 164 Cal. App. 4th 814 (Cal. Ct. App. 2008).
· cites it 2× “Furthermore, Family Code section 2032 requires the trial court to make its attorney’s fees orders based, among other things, upon the relative financial needs of the parties.”
Rosen v. Rosen, 105 Cal. App. 4th 808 (Cal. Ct. App. 2002).
· cites it 2× “” (Fam. Code, § 2032, subd. (a).) “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…”
In Re Marriage of Lucio, 74 Cal. Rptr. 3d 803 (Cal. Ct. App. 2008).
· cites it 2× “” (Fam. Code, § 2032, subd. (a).) In determining what is just and reasonable, “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…”
Falcone v. Fyke, 203 Cal. App. 4th 964 (Cal. Ct. App. 2012).
“” Family Code section 2032, subdivision (b) reads, as follows: “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…”
Jodi Lynn Erpelding v. Timothy John Erpelding, 917 N.W.2d 235 (Iowa 2018).
“There, one parent argued the other parent should not be entitled to attorney fees connected to litigating child-related issues "because the children's interests were represented by independent counsel [and the parents] were truly asserting their own interests." Id. The…”
Taipe v. Carson (In re Carson), 510 B.R. 627 (Bankr. E.D. Cal. 2014).
· cites it 4× “California Family Code § 2032 provides that the court may award attorneys’ fees and costs pursuant to Section 2030 “where the making of the award, and the amount of the award, are just and reasonable under the relative circumstances of the respective parties.”
Georgi-Juarez v. Juarez CA4/3 (Cal. Ct. App. 2016).
· cites it 2× “” (Fam. Code, § 2032, 6 subd. (a).) “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…”
Shirazi v. Haghighi CA1/2 (Cal. Ct. App. 2020).
· cites it 2× “” (Fam. Code, § 2032, subd. (a).) In making this determination, “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…”
Marriage of Roney CA2/3 (Cal. Ct. App. 2013).
· cites it 3× “” (Fam. Code, § 2032, subd. (a).) In determining what is just and reasonable, “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 .”
Marriage of Bogan & Lewis CA1/2 (Cal. Ct. App. 2013).
· cites it 3× “” Family Code section 2032, subdivision (b) requires a “court [to] 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,” including “to the extent relevant, the…”
Marriage of James & Christine C. CA4/3 (Cal. Ct. App. 2013).
· cites it 2× “” Family Code section 2032, subdivision (a) provides: “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…”
— Cal. Family Code § 2032(a) — 1 case
Taipe v. Carson (In re Carson), 510 B.R. 627 (Bankr. E.D. Cal. 2014).
“California Family Code § 2032 provides that the court may award attorneys’ fees and costs pursuant to Section 2030 “where the making of the award, and the amount of the award, are just and reasonable under the relative circumstances of the respective parties.”
— Cal. Family Code § 2032(b) — 1 case
Taipe v. Carson (In re Carson), 510 B.R. 627 (Bankr. E.D. Cal. 2014).
“California Family Code § 2032 provides that the court may award attorneys’ fees and costs pursuant to Section 2030 “where the making of the award, and the amount of the award, are just and reasonable under the relative circumstances of the respective parties.”
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