Timing, Circumstances, And Nature Of Request Are All Key Concerns In This Area.
In Marriage of Tearse, Case Nos. A155541/A156019 (1st Dist., Div. 4 Oct. 21, 2020) (unpublished), ex-wife was not pleased when the family judge denied her needs-based fee request for $100,000. The problem was she did not defeat the deferential abuse-of-discretion standard of review with respect to denial of her request. The record showed that, despite the disparity in finances between herself and ex-husband, he had substantial expenses such that he could not pay this substantial request and also serviced his business and his own attorney’s fees in the divorce. Expenses were a legitimate concern on a needs-based motion. It also was not reasonable for ex-wife to ask for this amount of money given there was a discovery cut-off and she did not retain experts before that cut-off, with no explanation for the delay in the request—a totality of circumstances which salted the result for the appellate court.