In re Marriage of Keech

In In re Marriage of Keech (1999) 75 Cal.App.4th 860, a pendente lite fee order required the husband to pay fees at $ 500 a month, leaving him a total of $ 593 a month to live on. The appellate court reversed the order, in a case where the husband's gross monthly income was $ 5,405, his support payments were $ 1,468 a month, and his taxes and rent took up the balance beyond the $ 593. (Keech, supra, 75 Cal.App.4th at p. 867.) In short, he had nothing left to pay for fees for himself. The appellate court in Keech specifically noted the absence of any "consideration" for the husband's needs to pay his own fees. Said the court: "As to the prospective $ 500 monthly payments of wife's attorney fees, while it could perhaps be argued that leaving husband $ 593 a month after court-ordered obligations, taxes and rent might be equitable under the parties' strained circumstances, the record does not sufficiently reflect, for example, any consideration of the husband's needs to pay his own outstanding legal fees during that period. Yet the court in making the order was required to 'take into consideration the need for the award to enable each party, to the extent practical, to have sufficient financial resources to present the party's case adequately.' ( 2032, subd. (b).)" (Keech, supra, 75 Cal.App.4th at p. 868.)