Family Code Section 7605 applies to legal proceedings involving child custody and support for parents that were not married. It states:
"In a proceeding under this part, the court shall ensure that each party has access to legal representation, including by ordering, if necessary based on the income and needs assessments, one party 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."
In short, this law ensures that financial disparities between parties don’t prevent one side from having comparable counsel.
What Does This Mean for Parents?
Family Code Section 7605 is designed to promote fairness in family law cases, particularly when there’s a significant financial imbalance between the parties. Here’s what it means for litigants:
Access to Representation The court can order the higher-earning party to cover the other party’s legal fees and litigation costs. This ensures both sides can access competent legal counsel and present their cases effectively.
Case-Specific Considerations The statute applies specifically to cases under the Uniform Parentage Act (custody/child support cases that are not attached to a divorce).
Fairness Over Financial Advantage The law in intended to ensure that one party cannot gain an unfair advantage simply because they have more financial resources.
What Factors Does the Court Consider?
When deciding whether to award attorney’s fees under Family Code Section 7605, the court will evaluate:
Income Disparity: Is there a significant difference in income and resources between the parties? Does the other side earn more or have more assets available to pay for their own lawyer?
Reasonableness of Fees: Are the attorney’s fees being requested reasonable and necessary for the case? This can be subjective. Look to the experience and rates of the other party's attorney to compare to your own request.
Complexity of the Case: Does the case involve complicated legal or factual issues that require professional legal representation? Not all custody matters are made the same.
Good Faith: Is the request for fees being made in good faith, without intent to unnecessarily burden the opposing party? If one side is requesting an unreasonable amount in fees, that could lead the Juge finding the whole request unreasonable.
Pro Tip: Request Ongoing Fees if Necessary
If the case is prolonged, you can request that the court order the opposing party to pay for ongoing legal fees throughout the proceedings. Keep your request reasonable, and renew your request as the case progresses or if it becomes more complicated.
For legal advice regarding your specific situation, schedule a call with Payne Law Group:
Payne Law Group
Orange County, CA Family Law Lawyers
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