Rule 5.427.Attorney’s fees and costs

Division 1. Family Rules · Chapter 16. Limited Scope Representation; Attorney's Fees and Costs · Article 2. Attorney's Fees and Costs · Last amended 2013 · Last verified September 10, 2026

In one sentenceRule 5.427 lists exactly what a party must file to request or oppose need-based attorney’s fees, and what financial detail the court must be given.

Full Text of Rule 5.427

Text sizeJump to: (a) (b) (c) (d) (e)

(a) Application

This rule applies to attorney’s fees and costs based on financial need, as described in Family Code sections 2030, 2032, 3121, 3557, and 7605.

(b) Request

(1) Except as provided in Family Code section 2031(b), to request attorney’s fees and costs, a party must complete, file and serve the following documents:

(A) Request for Order (form FL-300);

(B) Request for Attorney’s Fees and Costs Attachment (form FL-319) or a comparable declaration that addresses the factors covered in form FL-319;

(D) A personal declaration in support of the request for attorney’s fees and costs, either using Supporting Declaration for Attorney’s Fees and Costs Attachment (form FL-158) or a comparable declaration that addresses the factors covered in form FL-158; and

(E) Any other papers relevant to the relief requested.

(2) The party requesting attorney’s fees and costs must provide the court with sufficient information about the attorney’s hourly billing rate; the nature of the litigation; the attorney’s experience in the particular type of work demanded; the fees and costs incurred or anticipated; and why the requested fees and costs are just, necessary, and reasonable.

To respond to the request for attorney’s fees and costs, a party must complete, file, and serve the following documents:

(1) Responsive Declaration to Request for Order (form FL-320);

(2) A current Income and Expense Declaration (form FL-150);

(3) A personal declaration responding to the request for attorney’s fees and costs, either using Supporting Declaration for Attorney’s Fees and Costs Attachment (form FL-158) or a comparable declaration that addresses the factors covered in form FL-158; and

(4) Any other papers relevant to the relief requested.

(d) Income and expense declaration

Both parties must complete, file, and serve a current Income and Expense Declaration (form FL-150). A Financial Statement (Simplified) (form FL-155) is not appropriate for use in proceedings to determine or modify attorney’s fees and costs.

(1) “Current” is defined as being completed within the past three months, provided that no facts have changed. The form must be sufficiently completed to allow determination of the issues.

(2) When attorney’s fees are requested by either party, the section on the Income and Expense Declaration (form FL-150) related to the amount in savings, credit union, certificates of deposit, and money market accounts must be fully completed, as well as the section related to the amount of attorney’s fees incurred, currently owed, and the source of money used to pay such fees.

(e) Court findings and order

The court may make findings and orders regarding attorney’s fees and costs by using Attorney’s Fees and Costs Order Attachment (form FL-346). This form is an attachment to Findings and Order After Hearing (form FL-340), Judgment (form FL-180), and Judgment (Uniform Parentage—Custody and Support) (form FL-250).

End

Plain-English Summary

This rule covers fees and costs based on financial need under the Family Code’s need-based provisions. The filing list is specific: the request for order, the attorney’s fees attachment or a comparable declaration covering the same factors, a current income and expense declaration, a personal supporting declaration, and any other relevant papers.

What has to be shown is equally specific, and it is where most requests fall short. The requesting party must give the court sufficient information about the attorney’s hourly billing rate, the nature of the litigation, the attorney’s experience in that particular type of work, the fees and costs incurred or anticipated, and why the requested fees and costs are just, necessary, and reasonable.

The response mirrors it: responsive declaration, current income and expense declaration, a personal declaration addressing the same factors, and other relevant papers. Both parties must file a current income and expense declaration — "current" meaning completed within the past three months with no facts changed — and the simplified financial statement is not appropriate for fee proceedings.

Two sections of that declaration must be fully completed when fees are requested by either party: the amounts in savings, credit union, certificate of deposit and money market accounts, and the fees incurred, currently owed, and the source of money used to pay them. The court may make its findings and orders on the dedicated fees attachment.

Frequently Asked Questions

What do I file to ask for attorney’s fees in a family law case?

Request for Order (form FL-300), the Request for Attorney’s Fees and Costs Attachment (form FL-319) or comparable declaration, a current Income and Expense Declaration (form FL-150), a personal supporting declaration (form FL-158 or comparable), and any other relevant papers.

What does the court need to know about the fees?

The attorney’s hourly billing rate, the nature of the litigation, the attorney’s experience in that type of work, the fees and costs incurred or anticipated, and why the requested fees and costs are just, necessary, and reasonable.

Can I use the simplified financial statement?

No. A Financial Statement (Simplified) is not appropriate for use in proceedings to determine or modify attorney’s fees and costs.

Which parts of the income and expense declaration matter most here?

When fees are requested by either party, the sections on savings, credit union, certificate of deposit and money market balances must be fully completed, as must the section on fees incurred, currently owed, and the source of money used to pay them.

Amendment History

Rule 5.427 renumbered effective January 1, 2013; adopted as rule 5.93 effective January 1, 2012; previously amended effective July 1, 2012.

(Subd (b) amended effective July 1, 2012.) (Subd (c) amended effective July 1, 2012.)

Source & verification. Rule text is reproduced verbatim from the Judicial Council of California. Adopted by the Judicial Council of California. Last verified September 10, 2026. · Official source

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