Husband’s Waiver Of A $12,750 Spousal Support Overpayment By Husband In Return For Foregoing Payment Of An Additional 2030 Award Of $4,000 To Wife Was A Reasonable Result.
We liked Marriage of Mackey, Case No. B349404 (2d Dist., Div. 5 Sept. 10, 2026) (unpublished) because it seemed to do “rough justice” in a case where ex-wife apparently overlitigated the case, was awarded past Family Code section 2030 fees ($28,000 previously paid), and had been overpaid on spousal support when the section 2030 additional fee and other motions were queued up. Ex-wife asked for over $22,502 in additional 2030 fees from ex-husband, with the lower court tentatively agreeing to only award $4,000 more to ex-wife. At a hearing, the sides agreed that husband would waive a $12,750 spousal support overpayment in return for wife having to forego payment of the $4,000 in additional 2030 fees, after acknowledging that husband had superior access to funds. Ex-wife appealed, arguing more 2030 fees should have been awarded, but the appellate court affirmed the bargained-for deal reached before the family law judge—after all, ex-wife was ahead of the financial game when the math is done.