SECTIONS 270-274 - California Statutes

FAMILY.CODE

SECTION 270-274

270. If a court orders a party to pay attorney's fees or costs
under this code, the court shall first determine that the party has
or is reasonably likely to have the ability to pay.

271. (a) Notwithstanding any other provision of this code, the
court may base an award of attorney's fees and costs on the extent to
which the conduct of each party or attorney furthers or frustrates
the policy of the law to promote settlement of litigation and, where
possible, to reduce the cost of litigation by encouraging cooperation
between the parties and attorneys. An award of attorney's fees and
costs pursuant to this section is in the nature of a sanction. In
making an award pursuant to this section, the court shall take into
consideration all evidence concerning the parties' incomes, assets,
and liabilities. The court shall not impose a sanction pursuant to
this section that imposes an unreasonable financial burden on the
party against whom the sanction is imposed. In order to obtain an
award under this section, the party requesting an award of attorney's
fees and costs is not required to demonstrate any financial need for
the award.
(b) An award of attorney's fees and costs as a sanction pursuant
to this section shall be imposed only after notice to the party
against whom the sanction is proposed to be imposed and opportunity
for that party to be heard.
(c) An award of attorney's fees and costs as a sanction pursuant
to this section is payable only from the property or income of the
party against whom the sanction is imposed, except that the award may
be against the sanctioned party's share of the community property.

272. (a) Where the court orders one of the parties to pay attorney'
s fees and costs for the benefit of the other party, the fees and
costs may, in the discretion of the court, be made payable in whole
or in part to the attorney entitled thereto.
(b) Subject to subdivision (c), the order providing for payment of
the attorney's fees and costs may be enforced directly by the
attorney in the attorney's own name or by the party in whose behalf
the order was made.
(c) If the attorney has ceased to be the attorney for the party in
whose behalf the order was made, the attorney may enforce the order
only if it appears of record that the attorney has given to the
former client or successor counsel 10 days' written notice of the
application for enforcement of the order. During the 10-day period,
the client may file in the proceeding a motion directed to the former
attorney for partial or total reallocation of fees and costs to
cover the services and cost of successor counsel. On the filing of
the motion, the enforcement of the order by the former attorney shall
be stayed until the court has resolved the motion.

273. Notwithstanding any other provision of this code, the court
shall not award attorney's fees against any governmental agency
involved in a family law matter or child support proceeding except
when sanctions are appropriate pursuant to Section 128.5 of the Code
of Civil Procedure or Section 271 of this code.

274. (a) Notwithstanding any other provision of law, if the injured
spouse is entitled to a remedy authorized pursuant to Section 4324,
the injured spouse shall be entitled to an award of reasonable
attorney's fees and costs as a sanction pursuant to this section.
(b) An award of attorney's fees and costs as a sanction pursuant
to this section shall be imposed only after notice to the party
against whom the sanction is proposed to be imposed and opportunity
for that party to be heard.
(c) An award of attorney's fees and costs as a sanction pursuant
to this section is payable only from the property or income of the
party against whom the sanction is imposed, except that the award may
be against the sanctioned party's share of the community property.
In order to obtain an award under this section, the party requesting
an award of attorney's fees and costs is not required to demonstrate
any financial need for the award.