Family Code Section 2030
Family Code Section 2030 is a law that lets your ex pay for your attorney durig the divorce. The purpose of this law is fairness so that both spouses can be represented by an attorney. Just because you cannot afford an attorney doesn’t mean you should be left out and hung to dry.
Courts apply this law by looking at both incomes of the spouses. If they see that one spouse is making much more money than the other they will award fees. A typical example is that of a husband being the sole breadwinner before he files for divorce. The wife, who stays at home, is left with nothing because she hasn’t worked in 10 years. If husband is making all of the money, the court will make him pay for wife’s lawyer.
How do you Get the Money?
Your lawyer has to bring an attorney fee motion to get this money. You first have to show that there is an income gap by using the couple’s financial information. Hopefully you have your spouse’s tax returns when you both filed jointly during the marriage. Second, your lawyer has to submit what’s called a Keech declaration. This is an estimate of the amount of hours your lawyer will have to work on the case. There are a lot of other things that have to be included with this, so it is best consult with an attorney.
But what happens if you don’t have an attorney yet and you want the money upfront? Any attorney is going to want some money to at least file for the attorney fee motion. You can try to ask the court by yourself for the money. There is actually a sentence in Family Code Section 2030 that allows the court to give you the money before the commencement of the proceeding. It is always risky representing yourself in a divorce and I certainly don’t advise it. But if you are in that position do not worry because there is always help.
What happens if the money runs out? The code lets your attorney ask for more money if the first pot has run dry.
HOW CAN I HELP?
If you have any more question about divorce or criminal defense please contact me for a consultation at levon@kevorkianlawoffices.com or call 626-227-1176 and ask to speak with me. Connect with me on Google+.
The Law Offices of Levon Kevorkian is a boutique firm located in Pasadena, California handling Divorce, Child Custody, and Criminal Defense cases. Our office is located at 1055 E. Colorado Blvd. Fifth Floor, Pasadena CA 91106.
Disclaimer: This blog post and other blog posts by me are not meant to be legal advice. No attorney-client relationship will be formed by these blog posts.
