If You Assert Inability To Pay, Make Sure You Have The Proper Ammunition!
We have to say, if you are going to appeal needs-based fee awards under Family Code sections 2030/2032 or sanctions under Family Code section 271 based on inability to pay, you better do the math and convincingly show the appellate court why you could not pay. Ex-husband did not do that in Farzam v. Charchian, Case No. B293972 (2d Dist., Div. 3 July 28, 2020) (unpublished), after the lower court awarded ex-wife $75,000 in need-based fees and $25,000 in sanctions (payable $1,500 per month).
Ex-husband only appealed based on the contention he did not have the ability to pay these awards. The problems for him were multiple in nature: (1) he had substantial earning capacity through his law practice; (2) he had $1.5 million in home equity in a Brentwood residence; and (3) wife left the work force to raise a family. What more was needed? None, either for the trial or appellate courts.