Family Law: Denial Of Needs-Based Fees To Ex-Wife Was Erroneous Because Lower Court Relied On Outdated Income And Expense Declaration

 

Remand to Consider in Light of Wife’s Changed Income Picture.

     Updated, fresh income and expense statements are key in support and Family Code section 2030/2032 needs-based fee proceedings. Using outdated statements can result in a reversal under the circumstances, as it did in Marriage of Ching, Case No. G049628 (4th Dist., Div. 3 May 29, 2014) (unpublished).

     The lower court utilized “stale” income and expense statements showing ex-wife had higher income and less expenses, contrasted with updated statements showing she made $8,000 less per year, and her monthly expenses increased $1,000 per month. Because the denial of needs-based fees was based on the stale information, the matter was reversed and remanded for a fee “redo.”

Scroll to Top