Family Code Section 3153 And CRC 5.241 Supported This Conclusion.
In Marriage of Thompson, Case No. B332150 (2d Dist., Div. 2 Sept. 24, 2024) (unpublished), ex-spouses were embroiled in a “high conflict” custody dispute over their minor child, with the family court appointing a family law attorney to represent the minor child and with her costs to be split 50/50 (over no objection by either side). All fine until disputes arose on minor child’s attorney’s fee requests, after ex-wife did not pay some fees but ex-husband did pay his share. Ex-wife argued that she had a right to pursue a Mandatory Fee Arbitration Act (MFAA) arbitration before minor child’s attorney sought fees from the family court. The family court did not agree, awarding fees to attorney as against ex-wife.
Ex-wife appealed, arguing the MFAA applied to her fee dispute with minor child’s attorney. The 2/2 DCA disagreed, determining that Family Code section 3153 and CRC, Rule 5.241 address the payment of fees to a minor child’s attorney and with the family court to adjudge the determination of such fees. Because minor child’s attorney’s fees were to be determined by statute, the MFAA did not apply.
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