Appeal Sanctions/Family Law: $8,000 In Sanctions To Ex-Wife For Child Support Arrears Reimbursement, Denial Of Discovery Sanctions To Ex-Husband, And $22,000 Appeals Sanctions Against Husband/His Counsel For Frivolous Appeal All Sustained

 

Be careful what you appeal.

     In Marriage of O’Neill and Mitruka, Case Nos. Do62049/D062539 (4th Dist., Div. 1 Nov. 26, 2013) (unpublished), the appellate court affirmed these lower court determinations in a family law dispute:

     (a) Sustained a $8,000 fee award in favor of ex-wife for obtaining child support arrears reimbursement given that the record confirmed she provided adequate notice for the request (fee entitlement basis was Family Code section 3557); and

     (b) Sustained a denial of ex-husband’s discovery sanctions in response to ex-wife’s responses because he provided no declaration or evidence of fees which should be awarded to him.

     Also, ex-husband was sanctioned $22,000 for bringing a frivolous appeal, payable to wife jointly and severally by ex-husband and his attorney. Plus, she was entitled to costs for winning on appeal, which likely included more attorney’s fees for winning on appeal. Ouch!

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