Torres

I. BACKGROUND

Mother and father are embroiled in a custody battle over their daughter. In August 2013, mother moved the court to order father to pay her $25,000 under section 7605 to cover past and future attorney fees. In a supporting declaration, mother declared father makes $95,000 a year while she has no income. Mother also submitted the declaration of her attorney declaring mother had incurred over $8,000 in attorney fees to date. Mother’s attorney further declared that she anticipated “several thousands of dollars in additional fees will be incurred.” That declaration was not made under penalty of perjury and did not state the place of execution as required by Code of Civil Procedure section 2015.5.

1 Unspecified statutory references are to the Family Code. In response, father argued he lacked the ability to pay for attorneys for both himself and mother. He submitted an income and expense declaration and paystubs showing his monthly expenses, including child support, exceed his monthly income by nearly $1,500. Father’s monthly expenses included $60 for eating out; $60 for entertainment, gifts, and vacation; $105 for cable; and $600 to repay a loan from his parents.…