Reversal Required Because Family Judges Must Show They Weighed Financial Factors On The Record.
Marriage of Wood, Case No. G047509 (4th Dist., Div. 3 Sept. 24, 2013) (unpublished), a 3-0 decision authored by Justice Moore, is a reminder to family law practitioners to obtain judicial justification of discretionary “needs based” fees awards in dissolution proceedings. Lesson: make sure the judge recites consideration of the factors on the record.
You must make sure the trial courts actually demonstrate on the record that they weighed or considered needs based factors, which is contrary to the rule that no statement of decision is effectively required on other fee rulings. (In re Falcone & Fyke, 203 Cal.App.4th 964, 975 (2012).) In this case, the lower court’s failure to consider the impact of ex-wife’s potential bonus income and cohabitation help “bleed through” to the fee award, especially where the record did not show the lower court considered the relevant factors in the dissolution proceedings. Reversal, in this one.