An image of a keyboard used for blogging.

Tuesday, July 27th 2010

No Abuse of Discretion to Award $5,000 Attorney’s Fees to Spouse, Given Parties’ Respective Incomes, Needs, and Ability to Pay

Mr. Parga sought to terminate his spousal support obligations to his former wife.  The court denied the husband’s request and awarded the wife $5,000 in attorney’s fees.  An appeal followed.  Parga v. Parga, Case No. D055296 (4th Dist., Div. 1 July 22, 2010) (unpublished).

Not an abuse of discretion, says the Court, in a 3-0 opinion authored by Justice Nares.  Ms. Parga was a stay-at-home mother for 13 years of the marriage, had limited marketable skills, was 65, and her husband had been the primary breadwinner.  The trial court relied on section 2032, found $5,000 was an amount reasonably necessary for Ms. Parga to defend the action, and took into account the parties’ respective incomes.  “[T]he primary factor in determining whether to award fees, and the amount of any such award, is the relative circumstances of the parties.”

Be sure to visit www.criderlaw.net, the website for the law firm of Crider Law PC for more information on California divorce, spousal support, alimony, and attorney's fees from Roseville California Divorce lawyers.

 

Source: California Attorney's Fees Blog

View other articles for: Alimony & Spousal Support, Attorneys Fees, Roseville California Divorce Lawyer

Post a comment