Attorneys’ Fees and Costs in Family Law

Division 2, Part 5 of the California Family Code deals with attorneys’ fees and costs in family law matters. Section 270 states that, if a court orders a party to pay attorney’s fees or costs under this code, the court is required to first determine that the party has or is reasonably likely to have the ability to pay.

Section 271 authorizes the court to base an award of attorney’s fees and costs on the extent to which any conduct of each party or attorney furthers or frustrates the policy of the law to promote settlement of litigation and, where possible, to reduce the cost of litigation by encouraging cooperation between the parties and attorneys.

An award of attorney’s fees and costs pursuant to this section is in the nature of a sanction. In making an award, the court must take into consideration all evidence concerning the parties’ incomes, assets, and liabilities. The court cannot impose a sanction that imposes an unreasonable financial burden on the party against whom the sanction is imposed.

Section 272 states that, where the court orders one of the parties to pay attorney’s fees and costs for the benefit of the other party, the fees and costs may, in the discretion of the court, be made payable in whole or in part to the attorney entitled. The order providing for payment of the attorney’s fees and costs may be enforced directly by the attorney in the attorney’s own name or by the party in whose behalf the order was made.

Section 273 prohibits the court from awarding attorney’s fees against any governmental agency involved in a family law matter or child support proceeding except when sanctions are appropriate.

Section 274 provides, if the injured spouse is entitled to a remedy, the injured spouse is entitled to an award of reasonable attorney’s fees and costs as a sanction. An award of attorney’s fees and costs as a sanction must be imposed only after notice to the party against whom the sanction is proposed to be imposed and opportunity for that party to be heard.