top of page

DID YOU KNOW BY CA FAMILY LAW ATTORNEY F.M. ZAVALA

REQUESTING ATTORNEY FEES FROM OTHER SPOUSE BASED ON NEED


Pursuant to CA Rules of Court Rule 5.427

(a) Application

This rule applies to attorney's fees and costs based on financial need, as described in Family Code sections 2030, 2032, 3121, 3557, and 7605.


(b) Request

(1) Except as provided in Family Code section 2031(b), to request attorney's fees and costs, a party must complete, file and serve the following documents:


(A) Request for Order (form FL-300);

(B) Request for Attorney's Fees and Costs Attachment (form FL-319) or a comparable declaration that addresses the factors covered in form FL-319;

(C) A current Income and Expense Declaration (form FL-150);

(D) A personal declaration in support of the request for attorney's fees and costs, either using Supporting Declaration for Attorney's Fees and Costs Attachment (form FL-158) or a comparable declaration that addresses the factors covered in form FL-158; and


(2) The party requesting attorney's fees and costs must provide the court with sufficient information about the attorney's hourly billing rate; the nature of the litigation; the attorney's experience in the particular type of work demanded; the fees and costs incurred or anticipated; and why the requested fees and costs are just, necessary, and reasonable.

1 view0 comments

Recent Posts

See All
Post: Blog2_Post
bottom of page