Legal Question in Family Law in California
Family Code 2030
Cal. Fam. Co. 2030, which was amended in September 2004, states ''A party who lacks the financial ability to hire an attorney may request, as an in pro per litigant,that the court order the other party, if that other party has the financial ability,to pay a reasonable amount to allow the unrepresented party to retain an attorney in a timely manner before proceedings in the matter go forward.''
I have not been able to locate any case law that affirms this or any motions online that describ how to request this.
I am in desperate need of an attorney. I have no finacial means to obtain one (I am disabled) my spouse earns in excess of $48,000 a year, has credit cards (I have none), and currently holds all the marital property in his control and has barred my gaining any access to the marital properties.
I need to know how to request the Retainer Fees in accordance with Ca. Fam. Co. 2030????
1 Answer from Attorneys
Re: Family Code 2030
Even before September 2004, the Family Code provided for awards of "pendente lite" attorney fees. The California Legislature has once again sent a message to judges that they are supposed to award attorney fees, prior to trial, to family law litigants with disproportionately low income or who, as in your case, do not have access to the family bank accounts.
Unfortunately, California judges are tone-deaf to this issue and they are still extremely reluctant to make these awards. Not only that, but you, the pro per litigant, are still required to file a motion to attempt to get the award. It's a Catch-22: you have to have legal skills to file a motion to get money to hire a lawyer so you will have access to legal skills. I can only suggest you contact one of the pro per helpers that they have at many courthouses.
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