Cases: Family Law

Family Law: Denial Of Ex-Wife’s Request For Needs-Based Fees And 271 Sanctions Of $193,223.43 Was No Abuse Of Discretion

Cases: Family Law

Record Showed She Went Through A Lot Of Attorneys And Rejected Initial Settlement Offers Which Were Within The Realm Of The Ultimate Outcomes In The Dissolution Case.             In Marriage of Santore, Case No. G055121 (4th Dist., Div. 3 June 21, 2019) (unpublished), ex-wife was denied a request for $193,223.43 in attorney’s fees based on

Family Law, Sanctions: Husband Losing Hiding Marital Asset Appeal Was Going To Have To Pay Attorney’s Fees And Frivolous Appeal Sanctions On Remand, Likely, In Some Amount

Cases: Family Law, Cases: Sanctions

Rub Here Was That Trial Judge Stayed Any Fee Ruling Pending Determination Of Merits Appeal.            Although procedurally different in nature, Marriage of Haghighat, Case No. G054993 (4th Dist., Div. 3 April 17, 2019) (unpublished) demonstrates how family law judges and appellate justices can impose attorney’s fees and frivolous appeal sanctions when a litigant hides marital

Family Law: Lower Court’s Failure To Make Certain Needs-Based Findings Under Family Code Section 2030(a)(2) Required A Reversal And Remand

Cases: Family Law

However, Appealing Ex-Wife Not Awarded Costs On Appeal For Failure To Direct Trial Court’s Attention To This Omission.             Since 2010, needs-based requests for attorney’s fees by family law litigants require family law judges to make findings on whether there is a disparity in access to funds by one party and whether the responding party

Family Law: No Abuse Of Discretion For Trial Court To Issue Parentage Judgment Against Father And Award Of $3,000 In Attorney Fees To Mother, But No Substantial Evidence Supported Amount Of Income Imputed To Father

Cases: Family Law

Attorney Father, Whose Wife Had Passed, Claimed He Entered Into A Strictly No Strings Attached Arrangement With College Student Mother In Exchange For Money. She Claims Otherwise.         A child with special needs, who suffers from cerebral palsy and chronic lung problems, is at the center of this He Said/She Said in Monterey County Dept.

Family Law: It Was No Abuse Of Discretion For Trial Court To Find Marriage of 9 Years and 10 Months To Be A Long Term Marriage, Nor To Order Husband To Pay Wife Attorney’s Fees of $2,500.

Cases: Family Law

Husband Seeking To End Spousal Support Was Ordered To Continue Paying For Additional Five Years, Plus Needs-Based $2,500 Toward Wife’s Attorney’s Fee Due To Change In Circumstances After Entry Of Stipulated Judgment – Not Due To Court’s Determination That Their Marriage of Less Than 10 Years Was Long Term.            In Marriage of Weiskittel, Case

Family Law: $7,500 Needs-Based And 217 Sanctions Awards To Ex-Husband Affirmed On Appeal

Cases: Family Law

Lack Of Fee Hearing Reporters’ Transcripts Sealed The Correctness Of The Orders.             The Third District, in Marriage of Samorano, Case Nos. C084143/C086540 (3d Dist. February 5, 2019) (unpublished), affirmed $7,500 in fees and sanctions awards in favor of ex-husband and against ex-wife under Family Code sections 2032 (needs-based provision) and 271 (sanctions provision). The

Family Law: Needs-Based Analysis Similar To That Under Family Code Section 2032 Used To Review Denial Of Fees To Mother Under Family Code Section 7605

Cases: Family Law

Section 7605 Deals With Proceedings Involving Child Custody/Visitation.             In Darab N. v. Olivera, Case No. B282972 (2d Dist., Div. 1 February 4, 2019) (published), child’s mother appealed denial of her request for $100,000 in attorney’s fees under Family Code section 7605 relating to her efforts to defend against motions to quash brought by father

Family Law: Family Code Section 3111(b) Justified $50,000 Sanctions Against Attorney, But Not Client, For Disclosing Confidential Child Custody Evaluation Report

Cases: Family Law

2/6 DCA Remembers That Attorneys Are Both Zealous Advocates And Officers Of The Court.             Presiding Justice Gilbert, in Marriage of Anka & Yeager, Case No. B281760 (2d Dist., Div. 6 February 4, 2019) (published), reminds licensed attorneys that we are both zealous advocates and officers of the court. The appellate court affirmed a trial

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