The perfecting of an appeal shall not stay enforcement of the judgment or order of the trial court awarding attorney's fees or costs, or both, if the judgment or order appealed from was rendered in a proceeding under the Family Code, unless an undertaking is given in a sum and upon conditions fixed by the trial court.
§ 917.75.Appeal From Proceeding Under Family Code
Title 13. Appeals In Civil Actions · Chapter 2. Stay of Enforcement and Other Proceedings · Enacted 2014 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 917.75 does not let an appeal stay enforcement of a trial court's award of attorney's fees or costs, or both, entered in a Family Code proceeding, unless the appellant posts an undertaking in a sum and on conditions the trial court fixes.
Full Text of § 917.75
Plain-English Summary
Family law fee and cost awards get their own targeted rule rather than falling under the general money-judgment provisions of § 917.1. When a trial court order in a Family Code proceeding awards attorney's fees, costs, or both, an appeal from that order does not stay enforcement unless the appellant gives an undertaking.
As with several other sections in this chapter, the trial court — not a fixed formula — sets both the amount of the undertaking and the conditions attached to it, tailoring the bond to the fee or cost award at issue.
Frequently Asked Questions
Does appealing a family law fee award automatically stop collection?
No. Section 917.75 requires an undertaking before the appeal stays enforcement of an attorney's fee or cost award from a Family Code proceeding.
Who sets the amount of that undertaking?
The trial court fixes both the sum and the conditions of the undertaking.
Why isn't this covered by § 917.1's money-judgment rule instead?
Section 917.75 specifically addresses fee and cost awards from Family Code proceedings, giving the trial court discretion over the bond rather than applying § 917.1's fixed doubling formula.
Amendment History
Added by Stats 2014 ch 95 (AB 2154),s 1, eff. 1/1/2015.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: ccp 917.75 stay attorney fees family law appealappeal bond family code fee award californiastay family court cost award pending appeal