In this case the trial court had ordered $9,000 in attorney's fees to a wife during a divorce case, citing disparity in the wife's gross income as a court clerk of $5,135/mo and that of her husband, who grossed $8,333/mo. as a law librarian.
When the husband appealed the fee order, he pointed out that not only was his income not substantially greater so as to support such a large attorney fee award, but that he has significant costs and expenses including and , after which he was not left with enough income to pay attorneys fees.
Past cases have clearly emphasized that the court should consider need and ability to pay, but this case is unique in that the court specifically considered the husband's actual expenses and also considered his hefty child and spousal support obligations in determining that it was unfair to make him pay attorneys fees under these circumstances.
If your spouse is requesting that you pay his or her attorneys fees, you should definitely cite this case and argue the same logic, that after you are ordered to pay child support and spousal support that you just don't have money to meet your monthly budget --- and then pay your spouse's attorneys fees on top of all that.
CLICK ON THE WORDS FULL TEXT BELOW, TO READ THE CASE....
CLICK ON THE WORDS FULL TEXT BELOW, TO READ THE CASE....
Click ---- to read the case []
Court of Appeal, Fourth District, Division 3, California.
ALAN S., JR., Petitioner, v. The SUPERIOR COURT of Orange County, Respondent; Mary T., Real Party in Interest.
No. G041034.
Decided: March 18, 2009
You will almost never find a case like this.
It's almost enough to make one cry in realizing sometimes there is Justice in this world today but it doesn't come easy..... and NOTE-- the Husband was making over $8,000 a month (which in Los Angeles area, doesn't go too far. ]
