Cases: Family Law

Contract Provision Was Discretionary, And Ex-Husband Lacked Ability To Pay Under Family Code Provisions.             Ex-wife obviously was frustrated in Marriage of Rice, Case No. G053287 (4th Dist., Div. 3 Sept. 29, 2017) (unpublished) because she did seek attorney’s fees from ex-husband for child/spousal support issues but was denied them after multiple hearings before family […]

Award Must Be Based On Actual Income And Assets.             Although unpublished, Marriage of Aquino, Case No. B279406 (2d Dist., Div. 5 Sept. 29, 2017) (unpublished) dealt with the issue of whether a trial judge could order a needs-based fee award under Family Code sections 2030/2032 based on the perception that one ex-spouse could obtain

Ex-Husband Was Contentious And Ex-Wife Had Already Contributed Significant Moneys To Level The Playing Field.             With respect to Family Code section 271 sanctions, equities often determine who wins or loses on these requests.  Marriage of Madigan, Case No. G052559 (4th Dist., Div. 3 Sept. 20, 2017) (unpublished) illustrates this well, a 3-0 panel decision

Ex-Husband Filed Lots Of Motions And Did Not Provide Record Citations To Generate Traction On Appeal, Plus Ad Hominem Found Abhorrent.             Marriage of Bulmer, Case No. B277266 (2d Dist., Div. 6 Sept. 18, 2017) (unpublished) may seem routine (and it somewhat is), but does contain some good guidance for any litigant trying to gain

Wife Had Been Found To Violate Family Law Restraining Order By Selling Sale Of Assets After Separatio             In Marriage of Bracken and Gibson, Case No. A145337 (1st Dist., Div. 4 Sept. 7, 2017) (unpublished), wife was found to violate the family law restraining order which occurs when a dissolution petition is served by selling

Wife Was Provided Adequate Notice Of Sanctions Request, Even Though Section 271 Provides No Specificity On Type/Timing Of Notice                 This post on Youssefyeh v. Melamed, Case No. B269371 (2d Dist., Div. 3 July 27, 2017) (unpublished) falls in the category that “you cannot make this stuff up.”                 Here, wife used “self help” by

  $88,000 Sanctions Award To A Party’s Former Attorney Reversed On Appeal.      In Webb v. Webb, Case No. B269311 (2d Dist., Div. 8 June 13, 2017) (published), the Second District, Division 8 held that Family Code section 271 sanctions only applies to parties in a family law litigation case, not allowing for awards to

  Bad Litigation Tactics Alone Will Not Support 2030/2032 Award.       Although the $5,000 fee award to husband may seem paltry based on the needs-based anchors of Family Code section 2030/2032, it was reversed in Marriage of Overstreet, Case No. B271522 (2d Dist., Div. 1 Mar. 28, 2017) (unpublished). The reason is that the family