Attorney Fees based on Bad Behavior – Family Code 271

A litigant may request the that the court order a bad behaving litigant to pay all or part of that requesting litigant’s attorney fees and costs. You must make the request in a noticed motion with an opportunity to be heard and defend their behavior. It is irrelevant whether the party requesting such fees “needs” the fees (lacks the ability to pay their attorney), but the ability of the other party to pay the fees is relevant.