Zero Child Support Payments Did Not Excuse Other Conduct During The Family Law Case As Justification For Sanctions Award.
In Marriage of Whiteaker, Case No. B303969 (2d Dist., Div. 6 Mar. 23, 2021) (unpublished), ex-husband was ordered to pay Family Code section 271 sanctions of $50,000 to ex-wife even though he had to pay zero child support payments based on certain past disputes. Husband contended the section 271 award was unwarranted based on the “zero” child support ruling, but the 2/6 DCA disagreed. The problem here was that husband had some suspicious business expenses suggesting that he did have the funds to pay the 271 sanctions, augmented by the lower court’s perception that he was a “combative co-parent” with respect to certain actions in the dissolution case. Sanctions award affirmed, with this case showing that a broader view of litigation efforts in family law cases frequently drive, as well as justify, these types of awards.