Marriage of Yassin and Aboutaleb, Case No. B205958 (2d Dist., Div. 7 Dec. 8, 2010) (Unpublished)–Case #1.
Ex-husband was ordered to pay $5,000 to cover ex-wife fees and expenses under Family Code section 271, which permits the trial court to award fees as a sanctions for uncooperative or cost producing conduct. Although the financial situation of each side must be considered, the lower court did not err based on the fact ex-husband had a real estate license, was obtaining some income from other real estate agents, was being supported by his family, and had improperly diverted income due him in order to reduce his support payments.
Marriage of Elgammal and Aboutaleb, Case No. B205957 (2d Dist., Div. 7 Dec. 8, 2010) (Unpublished)–Case #2.
In this one, ex-husband was ordered to pay sanctions in the sum of $15,000 in attorney’s fees to his ex-wife. This, too, was ordered as a section 271 sanctions. No abuse of discretion occurred under the relevant facts, including ex-husband’s filing of false income/expense declarations (showing he had negative net worth when he had earned income), concealing assets from ex-wife in an effort to avoid paying child/spousal support, interfering with ex-wife’s relationship with and custody of the minor child, and making baseless allegations against ex-wife for inappropriate sexual conduct.
Both decisions contrasted section 271 sanctions against fee awards under Family Code sections 2030 and 2032, which allow the trial court to award fees and costs based upon several factors, including the parties’ respective needs, income and ability to pay.