Family Law: $10,000 Pendente Lite “Needs Based” Fee Award To Ex-Husband Affirmed

 

Ex-Wife Appeared To Get Large Sums of Cash From Casino Business and Parents.

Vintage slot machine at the Casino Legends Hall of Fame at the Tropicana Hotel and Casino in Las Vegas, Nevada

    Carol Highsmith, photographer.  Library of Congress.

     In Marriage of Aguina & Kang, Case No. E057770 (4th Dist., Div. 2 Aug. 14, 2014) (unpublished), ex-wife was ordered to pay temporary needs-based fees to ex-husband of $10,000 under Family Code sections 2030/2032.

     Her appeal did not surmount the deferential abuse of discretion standard.

     Both spouses presented somewhat screwy financial information to the lower court. Ex-wife seemed to get large amounts of cash from a Japanese casino business and her parents, while ex-husband had some rental income and apparently made ends meet in some mysterious way. The lower court found he had monthly expenses of $5,070 and she had monthly expenses of $7,500, with both somehow being able to make ends meet. Based on the large cash sums ex-wife was able to obtain, in tandem with the fact she had paid $26,000 to her attorney and ex-husband had paid $20,000 to his attorney based on a personal loan, there was enough of a disparity to justify a pendente lite award to level the playing field for ex-husband’s benefit.

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