Written by attorney Lawrence Lazzara Jr.

Interim Attorney's Fees - Arizona Family Law

Pursuant to A.R.S. §25-324, after considering the financial resources of both parties and the reasonableness of the positions each party has taken, the court may order a party to pay a reasonable amount to the other party for costs and expenses for maintaining or defending a motion for the modification of a child support obligation. A.R.S. §23-324. Once a party has made a request for attorney’s fees pursuant to A.R.S. §23-324, the court must make specific findings concerning the portions of any award of fees and expenses that are based on the consideration of financial resources and that are based on consideration of reasonableness of positions. A.R.S. §23-324. In considering the parties’ financial resources, the court must consider both the claimant’s need and the other party’s capacity to bear the burden. In re Marriage of Robinson and Thiel, 201 Ariz. 328, 35 P.3d 89 (App.Div.1 2001).

A.R.S. 25-324 was designed to assure the poorer party a remedy. Edsall v. Superior Court In and For Pima County, 143 Ariz. 240, 693 P.2d 895 (1984). Another purpose of A.R.S. §25-324 is to ensure that a party has the proper means to litigate the action. Reich v. Reich, 13 Ariz.App. 98, 474 P.2d 457 (App.Div.2 1970).

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