L.B.

L.B. v. S.T. CA2/4

Good Law
Court of Appeal of CaliforniaAugust 25, 2022B313824California3,594 words

Opinion

Opinion

INTRODUCTION

In this child custody and visitation case, appellant mother L.B. appeals from an award of attorney fees and costs under Family Code section 7605, which provides in relevant part: “When a request for attorney’s fees and costs is made under this section, the court shall make findings on whether an award of attorney’s fees and costs is appropriate, whether there is a disparity in access to funds to retain counsel, and whether one party is able to pay for legal representation of both parties. If the findings demonstrate disparity in access and ability to pay, the court shall make 1 an order awarding attorney’s fees and costs.” (§ 7605, subd. (b).) Respondent father S.T. requested over $350,000 in fees and costs under section 7605, producing evidence that, inter alia, appellant was able to pay both parties’ fees and costs. Appellant opposed the request, without addressing most of respondent’s evidence of her ability to pay. After a hearing, the court issued a detailed order comparing the parties’ financial positions, discrediting much of appellant’s evidence, and finding, on the basis of other evidence: (1) an award of fees and costs was appropriate; (2) there was a…

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