Family Law Awards: Needs Based Fee Award Is Affirmed By First District, Division 5

 

Court of Appeal Shows Sensitivity to Economy in Ruling in Husband’s Favor.

     Many times, in our category “Family Law Awards,” we have explored needs-based attorney’s fees awards under Family Code section 2030, designed to level the playing field so that one of the former spouses can gain representation by a counsel. Although the next award is not remarkable in amount or for the fact it was affirmed, it does show that appellate jurists do get dialed into the general economic condition of the times when deciding matters.

     In Marriage of Moody, Case No. A123034 (1st Dist., Div. 5 June 23, 2009) (unpublished), wife initially was ordered to pay $10,000 to husband in fees under both Family Code sections 271 (sanctions) and 2030 (need-based) statutory provisions. She appealed the award, and lost. Husband then moved to recoup additional appellate fees, with the family law judge awarding an additional sum of $15,000 (even though husband sought $30,000 in appellate fees). The Court of Appeal had no difficulty affirming the additional fee award given that wife’s income was twice as much as husband’s and she had a net worth well into seven figures. Wife’s income was stable, but the appellate jurists reminded us that they do pay attention to the economy—observing that husband’s financial situation was precarious because his commission-based salary had actually dropped “because of the state of the economy” and this state of affairs “require[ed] him to live on the equity in his real property at a time when he is apparently no longer able to refinance.” This shows that real life conditions do factor into appellate decision making.

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