(a) After notice and a hearing, a court, upon request, shall issue an order for the payment of attorney’s fees and costs for a prevailing petitioner.

(b) After notice and a hearing, the court, upon request, may issue an order for the payment of attorney’s fees and costs for a prevailing respondent only if the respondent establishes by a preponderance of the evidence that the petition or request is frivolous or solely intended to abuse, intimidate, or cause unnecessary delay.

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Terms Used In California Family Code 6344

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • order: include a decree, as appropriate under the circumstances. See California Family Code 100
  • Petitioner: includes plaintiff, where appropriate. See California Family Code 126
  • Respondent: includes defendant, where appropriate. See California Family Code 127

(c) Before a court awards attorney’s fees and costs pursuant to this section, the court shall first determine pursuant to Section 270 that the party ordered to pay has, or is reasonably likely to have, the ability to pay.

(Repealed and added by Stats. 2022, Ch. 591, Sec. 2. (AB 2369) Effective January 1, 2023.)

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