California, United States of America
The following excerpt is from Marriage of Sullivan, In re, 209 Cal.Rptr. 354, 37 Cal.3d 762, 691 P.2d 1020 (Cal. 1984):
In making its determination as to whether or not attorney fees and costs should be awarded, the trial court considers the respective needs and incomes of the parties. (In re Marriage of Popenhager, supra, 99 Cal.App.3d at p. 525, 160 Cal.Rptr. 379; In re Marriage of Janssen (1975) 48 Cal.App.3d 425, 428, 121 Cal.Rptr. 701.) Further, the trial court is not restricted in its assessment of ability to pay to a consideration of salary alone, but may consider all the evidence concerning the parties' income, assets and abilities. (Meagher v. Meagher (1961) 190 Cal.App.2d 62, 64, 11 Cal.Rptr. 650; Estes v. Estes (1958) 158 Cal.App.2d 94, 98, 322 P.2d 238.)
Finally, a motion for attorney fees and costs in a dissolution proceeding is left to the sound discretion of the trial court. (Stewart v. Stewart (1909) 156 Cal. 651, 656, 105 P. 955; In re Marriage of Cueva (1978) 86 [37 Cal.3d 769] Cal.App.3d 290, 296, 149 Cal.Rptr. 918.) In the absence of a clear showing of abuse, its determination will not be disturbed on appeal. (Ibid.; In re Marriage of Janssen, supra, 48 Cal.App.3d at p. 428, 121 Cal.Rptr. 701.) "[T]he trial court's order will be overturned only if, considering all the evidence viewed most favorably in support of its order, no judge could reasonably make the order made. [Citations.]" (In re Marriage of Cueva, supra, 86 Cal.App.3d at p. 296, 149 Cal.Rptr. 918.)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.