$70,000 Needs-Based Award Affirmed So Wife Can Prepare for Trial.
Husband, in a prior appeal, did not convince the appellate court to overturn a $200,000 needs-based fees award in favor of wife. He didn’t in a second appeal of a $70,000 fees award made to wife so she could prepare for a 7-day hearing.
The appellate court in Marriage of Hofer, Case No. B233788 (2d Dist., Div. 6 Oct. 29, 2012) (unpublished) determined that husband had much more ability to pay, but did nix wife’s request for $200,000 given that she had access to $100,000 awarded previously so some contribution by her was warranted. Husband also diminished his challenge by admitting he had already paid his own attorney $258,000 and posted a $300,000 cash bond in the prior appeal–certainly demonstrating he had assets and cash flow. Also, no case law prohibits the trial court from making an order requiring husband to borrow if need be. Given that the future hearing was expected to last 7 days and involved complex accounting issues, $75,000 was anything but an excessive award. Affirmed.