Section 2034 Of Chapter 3.5. Attorney’s Fees And Costs From California Family Law Code >> Division 6. >> Part 1. >> Chapter 3.5.
2034
. (a) On application of either party, the court may deny the
family law attorney's real property lien described in Section 2033
based on a finding that the encumbrance would likely result in an
unequal division of property because it would impair the encumbering
party's ability to meet his or her fair share of the community
obligations or would otherwise be unjust under the circumstances of
the case. The court may also for good cause limit the amount of the
family law attorney's real property lien. A limitation by the court
is not to be construed as a determination of reasonable attorney's
fees.
(b) On receiving an objection to the establishment of a family law
attorney's real property lien, the court may on its own motion
determine whether the case involves complex or substantial issues of
fact or law related to property rights, visitation, custody, or
support. If the court finds that the case involves one or more of
these complex or substantial issues, the court may determine the
appropriate, equitable allocation of fees and costs as provided in
subdivision (d) of Section 2032.
(c) The court has jurisdiction to resolve any dispute arising from
the existence of a family law attorney's real property lien.