$10,000 Award Not Supported By Substantial Evidence Or Shown To Be Reasonable.
Family Code section 7605(a) provides that a court must ensure equal access to legal representation in a child custody/visitation dispute, including an award of fees and costs, based on “the income and needs assessments.”
In Torres v. Cox, Case No. H040679 (6th Dist. May 20, 2015) (unpublished), mother obtained a $10,000 fees award against father under section 7605(a). This one was reversed on appeal.
Because “needs based” section 2030 parallels section 7605 (Kevin Q. v. Lauren W., 195 Cal.App.4th 633, 640 (2011)), the award could not even surmount a substantial evidence standard of review. The evidence showed father lacked the ability to pay his current expenses without incurring additional debt, such that the award could not stand. Separately, mother submitted no invoices to show that the requested fees were reasonable, in derogation of In re Marriage of Keech, 75 Cal.App.4th 860, 870 (1999).