Legal Question in Family Law in California
what is the likelihood that california family code section 2030 will be granted to an unmarried party where one is a school teacher and the other is an unlicensed handyman who claims to only make $500/month/
Asked on 4/18/11, 3:41 am
1 Answer from Attorneys
Anthony Roach
Law Office of Anthony A. Roach
Family Code section 2030 provides the court with the authority to award one party to a dissolution proceeding attorney's fees paid by the other spouse, based on the needs of the spouse and ability to pay. It has no application where the parties are never married. "The right to attorney's fees and costs in a divorce action depends necessarily on there being a marriage." (Carter v. Carter (1st Dist. 1961)) 192 Cal.App.2d 838, 843.)
If you are involved in a paternity action, the proper statute to apply is Family Code section 7640.
Answered on 4/18/11, 9:30 am
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