California Family Code 7605

California Family Code 7605 Attorney

When you share children with someone, you are connected to that individual for at least eighteen years. In divorce cases or situations regarding child support or custody, an attorney can be beneficial, supporting you and guiding you through the process. However, some individuals may feel as if they do not have the financial resources to afford an attorney. Thankfully, you may be eligible for some assistance under California Family Code 7605.

Oftentimes, family courts in California encourage individuals to seek alternative means of settling their child custody or child support disputes. This can reduce the costs placed on both parents for attorney fees and allow both parties to achieve fair results, regardless of their representation. However, under California Family Code 7605, one or both parties may request assistance in paying the attorney fees.

What Is California Family Code 7605?

In California, Family Code 7605 can be an extremely useful tool, especially for individuals with a lower income. In parentage cases, such as those dealing with aspects of child support or child custody, a parent who has fewer financial resources might request the courts to order the wealthier party to pay for all attorney fees and costs in the case.

It is an unfortunate reality that, in some cases, an individual with less financial resources might simply give up on a child custody or child support case simply because they do not have the money to pay an attorney. This is why California Family Code 7605 was put in place.

However, in doing this, there are certain factors that the courts will look at before making a determination on whether the request for the award of attorney fees is reasonable and appropriate. These factors can include whether:

• The attorney fees incurred by the requesting party are reasonable and appropriate, meaning that the attorney themselves did not waste time in negotiating foolish issues, filing unnecessary petitions, or over-litigating.
• The attorney’s fees are reasonable and appropriate based on the attorney’s education, skill, and effort.
• There is a disparity in the two parties’ financial resources that merit this request.
• The party who is being requested to pay the fees of the opposing party has the financial means to do so.

Quinn & Dworakowski, LLP: Your Orange County Child Support and Custody Lawyers

In cases of child support and child custody, tensions and emotions can run high. Throw in the fear that you will be unable to pay your attorney’s fees, and this stress can reach critical levels. At Quinn & Dworakowski, LLP, we understand that these can be trying times, so we want to do whatever we can to assist you and your family. When cases involve the parent and child relationship, we take your child’s interest to heart.

Whether you are requesting attorney fees due to a lower financial standing or defending against an unreasonable request to be responsible for the other parties’ attorney fees, we are here to help. With over 30 years of family law experience, the attorneys at Quinn & Dworakowski, LLP, can support your family law needs.

How to Request Attorney Fees Based on Financial Need in Parentage Cases

If you are an individual facing a child custody or child support battle and are concerned over the amount you will be required to pay in attorney fees, there are options available to you. If you need financial assistance during a child custody or support case and want your ex-spouse or partner to pay your attorney fees, there is a process for doing so. The steps involved include:

• File a Request for Order with the courts to seek an award for attorney fees.
• Complete a declaration of your income and expenses. This will give the courts a better understanding of your personal financial situation and how it might compare to the opposite party’s.
• Supply the courts with information pertaining to your attorney’s hourly billing rate, the type of litigation you are requesting attorney fees for, your attorney’s experience in this type of litigation, the fees or costs that you have already incurred or expect to incur, and why these fees are just, reasonable, and appropriate.
• Explain to the courts why the child’s other parent is in a more advantageous financial position and should, therefore, be responsible for paying your attorney fees.
• The opposing party will then be served this paperwork. You will be required to attend a hearing in which the judge will make a determination on your eligibility to benefit from Family Code 7605.

FAQs About California Family Code 7605

How Much Does It Cost to Hire an Attorney in a Child Custody or Support Case?

In California, it can be difficult to assign an exact estimate as to how much it might cost to hire an attorney for a child custody or child support case. Several factors of your unique case must be analyzed to make a more accurate determination. These include the complexity and duration of the case as well as the skill level and education of your attorney.

How Can I Defend Against Attorney Fee Requests in California?

If you are facing a child custody or child support battle in California and have learned that the other party has filed a request that you pay all attorney fees, there are some avenues of defense open to you. These can include showing how the requesting party does not have a financial need to be awarded attorney fees, and you do not have the ability to pay their attorney fees.

What Is California Family Law?

California family law is the practice of family law in California. This field covers a litany of different legal matters and proceedings that impact the family unit. Family law matters in California can include:

• Divorce
• Property division
• Marriage
• Child custody
• Child support
• Spousal support
• Adoption
• Paternity and parentage
• Guardianship
• Prenuptial agreements
• Postnuptial agreements

Who Is the Presumed Parent in the California Family Code?

According to the California Family Code, an individual is the presumed parent of the child in question if:

• That individual was wed to the child’s mother at the time the child was conceived or born.
• The individual and the mother of the child attempted to be wed prior to the child’s birth but were unable to.
• A declaration of parentage has been signed.

Contact a Trusted Orange County Family Lawyer Today

If you feel as though you cannot afford your attorney’s fees in a family law case, there may be assistance available to you under California Family Code 7605. To further discuss this possibility, contact the offices of Quinn & Dworakowski, LLP, today.