Wife Only Cited to a Family Code Provision Relating to Enforcement of an Existing Child Support Order, Not a Modification Situation.
In Bennett v. Foss, Case Nos. A137452/A138342 (1st Dist., Div. 1 Apr. 29, 2014) (unpublished), ex-wife did obtain reversal of a child support modification order on appeal. However, in the lower court, she had also asked for an award of attorney’s fees under Family Code section 3557, which does allow for a fee award to level the playing field in a proceeding to enforce an existing child support order. Here, however, that section did not apply because this was a child support modification proceeding, with the lower court properly finding the lack of fee entitlement under section 3557. The appellate court did drop a footnote indicating it was not expressing an opinion on whether another fee entitlement basis might not be available. (BLOG HINT—Some research into Family Code section 2030 or 3652 might have been helpful here, for both sides.)