Beverly Hills Attorney Fee Motions Lawyer

Top Rated Attorney Fee Motions in Beverly Hills, CA

If you’re engaged in a difficult divorce or another complex family law matter, you need an attorney on your side to protect your rights and interests. If you can’t afford one, you may be able to compel the other party to pay for your legal fees by filing a motion for attorney fees with the help of a Beverly Hills attorney fee motions lawyer.

Trust Benefield Faulk Law – Family Law Trial Advocates P.C.

The team at Benefield Faulk Law – Family Law Trial Advocates P.C. has been practicing family law since our opening in 2004. Our lead attorney, Tamara Shari Benefield, is a gifted trial attorney who graduated from Loyola Law School. She has earned accolades from organizations like the National Bar Association and an Avvo Client’s Choice Award.* You can trust her and the rest of our team to handle your attorney fee motions case with care.

Why Hire an Honest Attorney Fee Motions Lawyer?

In 2025, 107,146 couples in the state filed for dissolution, annulment, or separation according to the Judicial Council of California. Many of these couples face a stark income disparity between spouses, and one spouse may need help to equalize the legal battlefield. If you need to hire an attorney fee motions lawyer to help you get your legal fees paid for by your spouse, reach out to our firm.

Your dedicated attorney at our firm can help you with all aspects of this process. We can do everything from filing the required paperwork to arguing the motion before a judge, building a solid case to get your legal fees paid for so that you can afford representation.

When Do Judges Order the Payment of Attorney Fees in California?

There are two circumstances under which a judge may order one person to pay all the attorney fees in California family law cases: need-based and conduct-based.

Need-Based Awards

Each party in a California divorce should be able to obtain legal representation if they want it. If one party can’t afford an attorney, they will need to file a motion for attorney fees. The court could order the other party to pay reasonable legal fees under California Family Code 2030. When determining whether to grant such an order, the judge considers the factors listed below:

• Whether one party lacks the money to pay for a lawyer.
• Whether one party can pay all the attorney fees.

If there is an income disparity, and one party has enough money to cover all the legal fees associated with a matter, the judge may grant the motion. This may result in the more affluent party having to pay all the associated attorney fees. Similar considerations may arise in matters involving a Civil Restraining Order, Grandparents’ Rights, Guardianship, or Civil Contempt.

The filing of a motion for attorney fees can help to level the playing field in a divorce by allowing both parties to present their cases fully with the help of competent legal representation. Your attorney may recommend filing a motion for fees even if there is a substantial financial disparity between the two spouses. This encourages the parties to act in good faith, avoid unnecessary litigation, and work toward an equitable resolution in matters involving Executive Divorce, Grey Divorce, Property Division, Spousal Support, High-Net-Worth Divorce, or Same Sex Divorce.

Conduct-Based Awards

Not all motions for attorney fees are need-based. Judges can also issue these orders based on one party’s conduct. Because poor conduct during divorce cases can delay the proceedings and increase the associated costs, the party responsible for the increase in costs may be forced to pay the attorney fees. This and other attorney fee motion laws are found in the California Family Code § 271. This may be the case if either of the circumstances listed below is true:

• One spouse refuses to participate in good faith settlement negotiations.
• One spouse files an unnecessary or frivolous motion.

These kinds of actions don’t just place a drain on the affected spouse’s financial resources. They also waste the court’s time. Ordering the person who caused the delay to pay the other person’s attorney fees is, in this case, meant to discourage this kind of conduct while also punishing the people who engage in bad behavior. However, it can still benefit the receiving spouse significantly.

There are some limitations on when a judge may order conduct-based awards. Judges cannot issue these orders if the fee might create an unreasonable burden for the spouse who has been creating delays. They can only order payment to cover the attorney’s fees and legal costs that could be attributed to the payor spouse’s misconduct. Thus, you shouldn’t expect 100% of your legal fees to be paid in these circumstances.

To seek attorney fees for misconduct, you must provide notice to your spouse, who can respond to your motion in front of the court. We can help you argue your motion in front of the judge, proving that your spouse engaged in misconduct that increased your attorney fees significantly.

If one spouse breaches their fiduciary duty to the other during divorce proceedings, California Family Code § 1101 stipulates that the offending spouse must pay the attorney fees associated with resolving the issue. If one spouse does not comply with the disclosure declaration requirements, California Family Code § 2107 stipulates that they may be ordered to pay the other party’s legal fees as well.

Other Instances When Motions for Attorney Fees Can Be Filed

Divorces aren’t the only family law cases in which one person can file a motion for attorney fees. You may also be able to recover legal fees under certain other circumstances. Some examples of these situations are listed below:

• Child custody proceedings. If one parent makes false child neglect or abuse accusations, the other parent may be able to recover the associated attorney’s fees under California Family Code § 3027.1.
• Enforcing custody orders. If one parent must take the other to court to enforce a visitation or custody order, California Family Code § 3028 provides that they may file a claim for reasonable financial compensation, including attorney’s fees.
• Disclosure of child welfare reports. California Family Code § 3111 provides that a child custody evaluation may be performed if it is in a child’s best interests. If the results of the report are disclosed inappropriately, the affected parent may be able to recover associated legal fees under § 3111(d).
• Enforcing child or spousal support orders. Under California Family Code § 3557, the court may order that one parent pay the other parent’s attorney fees if an income disparity causes one person not to be able to retain legal counsel.
• Modification of support orders. Judges issuing an order to modify, terminate, or set aside a child or spousal support order can include awards of legal fees to the party who prevails under California Family Code § 3652.
• Domestic violence proceedings. California Family Code § 6344 allows a judge to issue orders for the payment of attorney fees to the prevailing petitioner in a domestic violence case, such as the issuance of a protective order or a domestic violence prevention order.

If you have found yourself in any of these situations, you can contact our office to discuss options for paying for attorney fees in Beverly Hills, including matters involving Interstate Child Custody or Child Support.

The Process of Requesting Attorney Fees

Most motions for attorney fees are made under Family Code § 2030. Motions filed with the Superior Court of Los Angeles County at the Stanley Mosk Courthouse must include the information listed below:

• An explanation of the party’s finances
• Proof that the other party can afford to pay the attorney’s fees
• A clear explanation of what makes the award necessary

Motions can be filed electronically or in person at the courthouse, located at 111 N. Hill St. in nearby Los Angeles. An experienced Beverly Hills fee motions attorney can guide you through the process, reducing stress for you.

The court considers several factors when determining whether to grant the motion. They may include answering the questions listed below:

• How much work is required to represent the person filing the motion?
• How much experience do the attorneys have?
• What are each party’s financial resources?

Awards are limited to reasonable fees and legal costs. The court can’t order fees that could cause an undue financial hardship. If the circumstances surrounding the granting of the motion change, the fee award may be modified or terminated.

What to Consider When Filing a Motion for Attorney Fees?

There are several potential issues that could come up during the filing of a motion for attorney fees, which is why it’s so important to work with a skilled Beverly Hills attorney fee motions lawyer. Your attorney can assist with the following tasks:

• Collect evidence. Documentation is crucial in these cases. Your attorney can help you prepare to provide detailed financial information in support of your request.
• Get the timing right. You can request attorney fees at multiple stages of a divorce, but it’s typically most beneficial to do so as early in the proceedings as possible. Early awards can minimize out-of-pocket expenses. Delayed requests, on the other hand, can make the awarding of financial support appear less necessary.
• Present a compelling case. The court has discretion in whether to award attorney fees. You must present a compelling case that establishes why the award is reasonable. Your attorney can help argue your case in front of the judge.

Allowing courts to force one spouse to cover the other’s legal fees when appropriate helps to provide fair outcomes in California divorces. The decision to award attorney fees in other family law issues helps to deter disruptive behavior so that parents are not unjustly financially punished for the misdeeds of their co-parents.

FAQs

How Much Do Lawyers Charge to File a Motion?

Lawyer fees for filing a motion vary depending on the type of case and its complexity. Most lawyers charge hourly fees for this type of service, so the cost to file is determined by how long the case takes. There are also court filing fees that must be paid. The filing fee for most motions is $60 in California. This fee is paid to the court and is in addition to lawyer fees.

Can You File a Claim for Attorney Fees in California?

Yes, you can file a claim for attorney fees in California under limited circumstances. In most cases, each side pays their own attorney fees. There are, however, some exceptions. In family law cases, judges sometimes order that all fees for both sides be paid by one party according to the financial need of the other party, for example.

How Long Do You Have to File a Motion for Attorney Fees in California?

The time allowance to file a motion for attorney fees in California varies depending on the type of case. For divorce cases, you can file a motion in court at any time while the divorce case is active under California Family Code 2031. The timeline may be different for other types of cases.

What Is a Motion for Attorney Fees?

A motion for attorney fees is a formal request that asks a judge to order one person to pay another’s legal bills associated with a courtroom proceeding. According to the California Code of Civil Procedure Section 1021, parties generally pay their own attorney fees in civil disputes. However, you can file a motion for attorney fees in most family law cases if you are unable to pay for a lawyer.

Is It Worth Hiring an Attorney Fee Motions Lawyer?

Yes, it is worth hiring an attorney fee motions lawyer if you cannot afford the legal representation you need for your family law matter. You may also want an attorney fee motions lawyer if your spouse or co-parent has ignored court orders or is behaving disruptively. They may do this in an effort to prolong a divorce trial and increase your legal expenses.

Your Trusted Beverly Hills Attorney Fee Motions Lawyer

If you’re struggling to pay attorney fees related to a divorce or another family law matter, you may be able to get a judge to order the other party to pay them for you with the help of a Beverly Hills attorney fee motions lawyer. This may also be relevant when addressing Paternity, Postnuptial Agreement, Prenuptial Agreement, or Wills & Trusts.

You can trust the team at Benefield Faulk Law – Family Law Trial Advocates P.C. to help you resolve the matter. Lead attorney Tamara Shari Benefield has many years of experience in handling complex divorces and other family law issues. In that time, she has developed a clear understanding of attorney fee motion laws and how to use them to help her clients obtain access to the money they need to afford legal counsel in their family law cases. Contact our office to schedule an appointment.

*Awards and recognition are not guarantees of future results. Selection criteria vary by organization.