Family Code 272 Allows the Court to Order Fees Paid Directly to an Attorney

Family Code 272

Family Code 272 gives the court the power to award fees to the attorney

Family Code 272's text reads as follows.

"(a) Where the court orders one of the parties to pay attorney’s fees and costs for the benefit of the other party, the fees and costs may, in the discretion of the court, be made payable in whole or in part to the attorney entitled thereto.

(b) Subject to subdivision (c), the order providing for payment of the attorney’s fees and costs may be enforced directly by the attorney in the attorney’s own name or by the party in whose behalf the order was made.

(c) If the attorney has ceased to be the attorney for the party in whose behalf the order was made, the attorney may enforce the order only if it appears of record that the attorney has given to the former client or successor counsel 10 days’ written notice of the application for enforcement of the order. During the 10-day period, the client may file in the proceeding a motion directed to the former attorney for partial or total reallocation of fees and costs to cover the services and cost of successor counsel. On the filing of the motion, the enforcement of the order by the former attorney shall be stayed until the court has resolved the motion."

Analysis of Family Code 272

Family Code 272's section (a) gives the court the power to order fees paid directly to the attorney who requested it.

Section (b) also gives the attorney the ability to enforce the fee order.

Family Code 272(c) requires the attorney to give notice to his or her client notice of intent to enforce the order. That gives the client the opportunity to reallocate the fee order.

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