Family Court Playbook · Step 9 of 12
Can I Get Attorney Fees Paid in California Family Court
Need-based fees under FC § 2030, sanctions under FC § 271, and what to expect
California's need-based fee orders
Family Code § 2030 allows the court to order one party to pay the other's attorney fees and costs. The purpose is to ensure both parties have access to competent legal representation — it is about leveling the playing field, not punishment. The court considers the income and needs of both parties and asks whether there is a disparity in access to funds to retain counsel.
Family Code § 2030(a)(2)
When fees are awarded
The court looks for a significant income disparity between the parties, one party having greater access to assets or income, and fees being necessary to ensure a fair proceeding. The court does NOT automatically award fees just because one party earns more — you must demonstrate your need AND the other party's ability to pay. Both showings are required.
Sanctions-based fees
Family Code § 271 is a separate and distinct mechanism from § 2030. Sanctions under § 271 are awarded when one party frustrates the policy of cooperation and settlement. Examples include refusing to participate in mediation, hiding assets during discovery, filing frivolous motions, failing to comply with court orders, or unnecessarily increasing the cost of litigation. The court can award sanctions at any point in the case.
FC § 271 sanctions cut both ways
How to request fees
File FL-319 (Request for Attorney's Fees and Costs Order Attachment) as part of your Request for Order. You must also file FL-150 (Income and Expense Declaration) and FL-158 (Supporting Declaration for Attorney's Fees and Costs). The request can be made at any point in the case — you do not have to wait until the end of your matter to ask.
Realistic expectations
Judges have wide discretion. The most common outcomes are: full fees awarded (rare), partial fees awarded (most common), fees denied if both parties have similar income, or the issue reserved for later decision at trial or a final hearing. Even partial awards can be significant — $5,000–$15,000 is common for RFO-level proceedings, and larger awards are possible in long contested cases.
What this means for self-represented litigants
You may not have attorney fees, but you do have costs. Filing fees ($60–$80 per motion), process server fees ($50–$150), document preparation services, and copy costs all add up. Under Family Code § 2030, the court can order the other party to contribute to these costs. If your income falls below the threshold, you can also request a fee waiver from the court using form FW-001.
Keep track of every dollar
Need to file a motion requesting fees?
Our guided tool handles the paperwork — FL-319, FL-150, and supporting declarations.
Start your filing — $129A family law attorney will always have the biggest impact on your case. If you can afford one, we encourage you to hire one.