Family Paralegal Service

03/15/2024

03/11/2024

www.familyparalegalfresno.com
559-213-5778

Need to make some me changes in life? Let us lead the way! We offer affordable legal services in family and probate law.

03/10/2024

www.familyparalegalfresno.com
559-213-5778

Offering affordable legal services. Please call us or click on the link above for a free consultation.

03/08/2024

www.familyparalegalfresno.com
559-213-5778

Do you need legal assistance but think you can’t afford it? Call Family Paralegal Service. We offer affordable legal services, payment plan, and a free consultation.

03/08/2024

I appreciate my clients who share their victory with me! Makes my day!

03/08/2024

559-213-5778
www.familyparalegalfresno.com

03/07/2024

Do yourself a favor…

03/06/2024

559-213-5778
www.familyparalegalfresno.com

IS IT POSSIBLE I CAN BE ORDERED TO PAY MY SPOUSES ATTORNEY FEES IF I CAN’T AFFORD IT? Another reason to hire an experienced Paralegal/LDA verses an Attorney.

The cost of hiring an attorney for representation in a divorce can range from a reasonable sum to quite expensive depending on the complexity of the case and whether the parties cooperate with one another. California state law provides for the court to order one party to pay the other’s attorney’s fees or costs under certain circumstances.

A foundational requirement for the court to consider when ordering such payments is whether a party “has or is reasonably likely to have the ability to pay.” The law also says that the court “shall not impose a sanction . . . that imposes an unreasonable financial burden on the party against whom the sanction is imposed.”

Regardless, the reasons that a party may be found liable to pay the other’s attorney’s fees, if he cannot afford to pay, the court is restrained from issuing such an order.

An order to pay another party’s fees is usually based on a disparity of income between the parties. California Family Code § 2030 imposes a duty on the court to “ensure that each party has access to legal representation.”

The law provides that before making an award, the subject party will be given due notice and an opportunity to be heard on the matter. In addition, the court is required to consider all of both parties’ “incomes, assets, and liabilities” before ordering a party to pay.

A party against whom an order has been issued may only pay the fees and costs from his own property or income. In a divorce, assets are deemed either community—that is—owned equally by both, or separate—owned by one or the other. A party ordered to pay must do so from separate assets or from his share of the community assets.

If you are facing a divorce proceeding, or any other family matter, call Family Paralegal Service at 559-213-5778 for further assistance.

03/05/2024

www.familyparalegalfresno.com
559-213-5778

IS IT POSSIBLE I CAN BE ORDERED TO PAY MY SPOUSES ATTORNEY FEES IF I CAN’T AFFORD IT? Another reason to hire an experienced Paralegal/LDA verses an Attorney.

The cost of hiring an attorney for representation in a divorce can range from a reasonable sum to quite expensive depending on the complexity of the case and whether the parties cooperate with one another. California state law provides for the court to order one party to pay the other’s attorney’s fees or costs under certain circumstances.

A foundational requirement for the court to consider when ordering such payments is whether a party “has or is reasonably likely to have the ability to pay.” The law also says that the court “shall not impose a sanction . . . that imposes an unreasonable financial burden on the party against whom the sanction is imposed.”

Regardless, the reasons that a party may be found liable to pay the other’s attorney’s fees, if he cannot afford to pay, the court is restrained from issuing such an order.

An order to pay another party’s fees is usually based on a disparity of income between the parties. California Family Code § 2030 imposes a duty on the court to “ensure that each party has access to legal representation.”

The law provides that before making an award, the subject party will be given due notice and an opportunity to be heard on the matter. In addition, the court is required to consider all of both parties’ “incomes, assets, and liabilities” before ordering a party to pay.

A party against whom an order has been issued may only pay the fees and costs from his own property or income. In a divorce, assets are deemed either community—that is—owned equally by both, or separate—owned by one or the other. A party ordered to pay must do so from separate assets or from his share of the community assets.

If you are facing a divorce proceeding, or any other family matter, call Family Paralegal Service at 559-213-5778 for further assistance.

Family Paralegal Services Fresno - Lisa Schendel