Second District, Division 8 Acknowledges that Needy Loser May Be Entitled to Fee Award During Contentious Dissolution Proceedings.
The appellate panel in Marriage of D’Abo, Case No. B216056 (2d Dist., Div. 8 June 7, 2010) (unpublished) reminded us all that Family Code sections 2030/2032 “needs based” fee awards—made to level the playing field in dissolution proceedings—do not always go to the winners or prevailing parties in various segments of a divorce case. Rather, in this case, wife’s fee award of $25,000 was affirmed despite the fact she lost a colorable new trial motion during dissolution proceedings. “There is no requirement that attorney fees be awarded only to prevailing parties, as they may be awarded against a prevailing party in family law proceedings.” (In re Marriage of Hublou, 231 Cal.App.3d 956, 966 (1991).)