Family Law: Family Code 2030 Obligations By Lower Court Not Triggered Unless A Fees Request Is Made

. . . Either By Written Motion Or By Oral Motion At A Hearing.

               In Marriage of Hinker, Case Nos. G061718 et al. (4^th Dist., Div. 3 Apr. 12, 2024) (unpublished), Justice Delaney on behalf of a 3-0 panel confirmed that a court’s obligations under Family Code section 2030 [the provision allowing provisional fee shifting so a dissolution party can obtain representation when the financial circumstances so require] only arise after there is a request for attorney’s fees made through a written motion or an oral motion at a merits hearing.  (In re Marriage of Knox, 85 Cal.App.5^th 15, 29-30 (2022).)  No request was made, so no obligation to consider a 2030 request was triggered.