Fourth District, Division 2 Stresses Need for Adequate Documentation of Need.
In our category “Family Law,” we have reviewed numerous decisions that grant or deny (partially or entirely) fee requests for awards based on need under Family Code sections 2030/2032.
Almost all the decisions, in line with California Rules of Court requirements, direct that an income and expense declaration needs to be filed by the litigants so the family law judge can adjudge who truly has “needs” for this type of award. In re Marriage of Parrish, Case No. E047232 (4th Dist., Div. 2 Oct. 14, 2009) (unpublished) is a reminder to file fully compliant declarations. There, a fee award to mother was reversed with directions to file a “completed” income and expense declaration to justify such a “needs based” award (even though similar omissions were found harmless with respect to a child support award). Message—file a thorough income and expense declaration, or provide substantial financial information that is equivalent in order to support a “needs based” fee award.