Southern California Family Law Blog

child custody (2)

 

In My Child Custody Or Child Support Case, Can I Ask The Court to Have The Other Side Pay My Attorney’s Fees?

The simple answer to this question is yes. In almost any family law case, including California child custody or child support cases, a petitioning party can seek attorney’s fees from the other party. The party requesting an order from the court with respect to their child custody or child support rights, or a modification of the original order issued by the court, must fill out and file an income and expense declaration form, also known as an FL-150 form, in order to get the other party to pay for their attorney’s fees. This form requires the party requesting attorney’s fees to indicate their employer information, their income, their debts and their average monthly expenses, among many other items. This form must be filled out in its entirety if a party would like their attorney’s fees paid for. Therefore, even though it might cost you money upfront to pay for an attorney, the other side could possibly pay for all of your attorney’s fees.

Because attorney’s fees are not always granted by the court, it is important for a person to seek legal advice when filling out this form relating to modification of child custody or support in California, along with the other forms that the court requires, to ensure that their rights are adequately protected in the family law court.

Call Wallin & Klarich Today

The attorneys at Wallin and Klarich have over 30 years experience in family law matters and can prepare and file your forms and paperwork, as well as argue for your rights in court.

Please feel free to contact Wallin and Klarich for a free consultation. The attorneys at Wallin and Klarich are available 24 hours a day, seven days a week to answer your questions. You can reach us at (877) 466-5245 for more information.

If I move-away will I have to change my child custody agreement? (Family Law Code 7501)?

In child custody proceedings, parents are often faced with the decision of having to move to a different city, county, or even another state. If the parent that seeks to move away wishes to take his minor children with him or her, they must either receive the consent of the other parent or a court order.

Move-Away Court Procedures

In the past, the court first… Continue Reading.......

Can I Kick My Spouse Out of the House? (Dwelling Exclusion Orders)

Dwelling Exclusion (or “kick out”) orders are orders by the judge that allow you to legally exclude your spouse or significant other from your home to gain sole possession of your home undear certain emergency circumstances. Under California Family Code 63211, if you meet certain requirements – typically in cases of domestic violence – your lawyer can go t… Continue Reading.......

How a Divorce Can Affect Your Insurance and Social Security Benefits in San Bernardino

    Typically, married couples delay making decisions about life insurance, long-term health care and how they plan to use their Social Security benefits until they approach retirement age. One of the difficult aspects about a divorce is that it upsets those things in life that we put out of our minds. The thought that you may now be forced to find a… Continue Reading.......

How are Antiques and Heirlooms Divided after Divorce?

In order to know how assets are generally divided following a divorce in San Bernardino County, it is necessary to know something about community property. Community property is a collection of all assets that are acquired during the marriage. Following divorce, property that was acquired before marriage or property that you’ve inherited is separate pr… Continue Reading.......