Cases: Family Law

Family Law: Trial Court Abused Its Discretion By Basing Denial Of Section 2030 Fees And Costs Request On Grandmother’s Misuse Of Grandchildren’s 529 Accounts And Her Lack Of A Significant Relationship With Grandchildren

Cases: Family Law

The Trial Court Was Required To Issue An Award Based On Whether Mandatory Findings Demonstrated Disparity In Access To Funds And Ability To Pay. In Marriage of Saedi v. Kadivar, Case No. B347642 (2d Dist., Div. 2 April 14, 2026) (unpublished), Visitation-seeking Grandmother appealed the trial court’s denial of her request for Family Code section […]

Family Law: Under A Marital Settlement Agreement’s Prevailing Party Fee Clause, The Family Law Judge Can Consider Financial Needs Of The Litigants, Namely, Family Code Section 2030 And 2032 Factors

Cases: Family Law

Civil Code Section 1717 Lodestar Factors Alone Do Not Restrict The Family Court In Deciding Prevailing Party Contractual Fees. Marriage of Bowman, Case No. B331924 (2d Dist., Div. 6 Apr. 3, 2026) (published) held that a family law judge can consider financial needs and ability to pay (Family Code section 2030 and 2032 factors) in

Family Law: Marriage of Hoch Opinion Now Published

Cases: Family Law

Case Held That Not Stipulating To Legal Separation On Religious Grounds And Not Particularizing Family Code Section 271 Sanctions Request Led To A Reversal. On February 20, 2026, we posted on Marriage of Hoch, Case No. G063467 (4th Dist., Div. 3 Feb. 17, 2026) (unpublished), which held that Family Code section 271 sanctions were not

Family Law, Sanctions: Family Law Section 271 Sanctions Of $35,000 Reversed Against Ex-Husband Because . . . .

Cases: Family Law, Cases: Sanctions

His Failure To Stipulate Did Not Show Bad Faith Under The Circumstances And The Awarded Sanctions Were Not Tethered To Any Specific Conduct. Family Code section 271 does allow for monetary “sanctions” against a family law litigant who tries to not foster resolution and makes the proceedings more expensive.  However, they are not a general

Deadlines, Family Law: Appellate Fees Properly Denied As Untimely And Marital Settlement Agreement Fees Denied To Ex-Wife, But Needs-Based Fees Had To Be Revisited

Cases: Deadlines, Cases: Family Law

Lack Of Family Code Section 2030 Findings Constituted An Abuse Of Discretion. In Marriage of Tran and Ha, Case No. G064047 (4th Dist., Div. 3 Feb. 17, 2026) (unpublished), ex-wife’s requests for two sets of fees (which were denied) did not result in a relook on appeal, but her request for non-appellate, needs-based fees had

Family Law: Although Ex-Wife Did Not Strictly Comply With Income And Expense Documentation, She Did Substantially Comply Such That The Denial On The Technicality Had To Be Reversed, Remanding To Determine The Family Code § 2030 Fees To Be Awarded

Cases: Family Law

Ex-Wife Did Substantially Comply Before The 2030 Hearing, With Husband Stipulating To A Disparity. In Marriage of Stewart, Case No. B339569 (2d Dist., Div. 1 Jan. 30, 2026) (unpublished), ex-wife sought two tranches of Family Code section 2030 “needs-based” fees because she was hundreds of thousands of dollars in debt to her divorce attorney for

Family Law:  Ex-Wife, Losing DVRA Proceeding Involving Children Of The Marriage, Will Have A Substantial Attorney’s Fees Order Assessed In Favor Of Ex-Husband

Cases: Family Law

One $42,169.75 Component Of The Fee Award Was Remanded For Restudy, With the Remainder Of The $204,682.97 Award Affirmed, Although It Could Be Offset By Amounts Ex-Husband Owes To Ex-Wife. Family law proceedings can be messy.  Domestic violence (DVRA) proceedings often are brought, with the nonprevailing party facing exposure for fees and costs under certain

Family Law:  Lower Court’s Failure To Make Explicit Findings On Family Code Section 2030 Factors, Plus Reliance On Irrelevant Ones, Resulted In A Reversal/Remand

Cases: Family Law

General Ability To Pay Findings Were Not Sufficient.               In Manning v. Manning, Case No. D084718 (4th Dist., Div. 1 Nov. 12, 2025) (unpublished), a contentious divorce case with lots of activity, a lower court—mainly out of frustration—denied ex-wife’s request for a Family Code section 2030 fee award of $200,000 for fees and $50,000 in expert

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