Family Law: Family Judge Did Not Abuse Discretion By Awarding Only $3,000 Out Of Requested $37,000-Plus In Additional Fees And Costs Under Needs Based Fee Statutes

Record Did Not Support the Argument that the Lower Court Abused Its Discretion.

     Marriage of Sa and Martino, Case No. H039875 (6^th Dist. Nov. 19, 2014) (unpublished) demonstrates how it will be hard for a family law litigant to overcome the deferential abuse of discretion standard when trying to challenge an additional needs-based fee ruling where the lower court carefully explained its reasoning on the record.

     What happened here, in brief, was that ex-wife sought over $37,000 in additional fees and costs under needs based fee-shifting statutes, Family Code sections 2030 and 3557 in regard to child support arrearage issues. The lower court initially had ordered ex-husband to pay $8,500 in fees and costs under section 2030. Later, ex-wife requested the larger additional amount, but the lower court only awarded an additional $3,000—recognizing it was way less than requested, but reasonable given that he had warned ex-wife earlier that it was not willing to fund “scorched earth” family dissolution litigation. On appeal, ex-wife could not surmount the deferential abuse of discretion standard, with the fee award being affirmed.

 

Scorched earth policy.  1941 or 1942.  Library of Congress.