Cases: Family Law

Family Law: After Making Findings That Husband Had Better Access To Funds And Wife Had Overlitigated The Dissolution Case, Appellate Court Affirmed Lower Court’s Decision To Have Husband Waive A Spousal Support Overcharge In Consideration Of Waiving His Lesser Section 2030 Award To Wife

Cases: Family Law

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 We liked Marriage of Mackey, Case No. B349404 (2d Dist., Div. 5 Sept. 10, 2026) (unpublished) because it seemed to do “rough justice” in a case where ex-wife […]

Family Law: In Case Where Both Ex-Husband And Ex-Wife Had Substantial Assets, The Lower Court Erred in Denying Family Code Section 2030 Fees To Ex-Wife Because It Did Not Make Express Findings On Relative Access To Funds Or On Relative Ability To Pay

Cases: Family Law

Case Remanded To Reconsider The 2030 Fee Request (Including If Fees Were Appropriate); Fees Were Properly Denied Under Family Code Section 3557 Relating To Child Support Enforcement. Marriage of Trousset and Kelley, Case No. A172398 (1st Dist., Div. 3 Sept. 4, 2026) (published), is an interesting opinion on the need to make express findings on the

Family Law: Ex-Wife Properly Denied Family Code Section 2030 Fees Because She Had Some Assets, She Chose Not To Work, And Her Counsel Drove Up The Costs In The Dissolution Action

Cases: Family Law

$60,000 Was The Denied Request. In Marriage of Patel, Case No. B351488 (2d Dist., Div. 6 Aug. 24, 2026) (unpublished), the family law judge denied ex-wife’s request for $60,000 in needs-based fees under Family Code section 2030.  The appellate court affirmed.  Although the lower court’s reasons at the oral hearing were not a model of

Family Law: $11,000 Sanctions Award Under Family Code Section 271 Was Reversed Because Entire Record Showed That Ex-Wife Was Neither Uncooperative Nor Unreasonable

Cases: Family Law

As A Matter Of Law, The Totality Of Circumstances Showed No Predicate For 271 Sanctions. The result in Marriage of Ortiz and Rivera, Case No. G064694 (4th Dist., Div. 3 July 15, 2026) (unpublished) does not happen often, but it does show that an appellate court can review the entire record and determine that, as

Family Law: $20,000 Monetary Sanctions Affirmed Where Losing Litigant Did Not Disclose Any Objection To Bifurcate Trial On The Premartial Agreement Validity

Cases: Family Law

Delay In Asserting An Objection To Bifurcating Trial Was Dispositive. Perceived gamesmanship can be punished; we bloggers are not the judges of whether that has happened, but we only post on what we see is decided by the courts and subject to what you readers think when reading the case.   Gamesmanship, we believe, was not

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