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137 Cal. App. 3d 214

Silva v. Weiss

California Court of Appeal

Decided November 4, 1982

California Court of Appeal · decided 1982-11-04

Decided 1982-11-04

¶1Opinion

BROWN (Gerald), P. J.

¶2Debra Silva sued Michael Weiss to establish him as the father of her child, for child support and for attorney fees. An order to show cause was filed for child support, attorney fees and court costs during pendency of the action. A temporary order provided for Weiss to pay Silva’s attorney fees to date as “additional child support.” Later a jury found Weiss was the father. Silva then applied for additional child support and attorney fees, which the court granted.

¶3Weiss appeals, objecting only to the award of attorney fees, claiming the application was untimely, it should have been made in the original action. It was.

¶4Weiss asserts attorney fees may be allowed “During the pendency of any proceeding (Civ. Code, § 4370(a)), but not when the proceedings are over.” They were not over. The jury trial determined paternity only. The issues of child support and attorney fees remained. The court had jurisdiction to act, not only as to child support, which Weiss concedes, but to award attorney fees as part of its continuing jurisdiction (Civ. Code, § 7013).

¶5Order affirmed.

¶6Cologne, J., and Work, J., concurred.

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