Cases: Family Law

Family Law/Reasonableness Of Fees: Trial Judge Awarding Only $15,000 In Fees And Costs Based On Requested $77,067.50 In Fees And $17,459.77 In Costs Was No Abuse Of Discretion

Cases: Family Law, Cases: Reasonableness of Fees

  Deferential Standard Of Review Not Hurdled In This One.     In Zauner v. Defterios, Case No. B271922 (2d Dist., Div. 6 Mar. 21, 2017) (unpublished), appellant sought needs-based fees in a child custody modification proceeding. She requested $77,067.50 in fees and $17,459.77 in costs, but was only awarded $10,000 in fees and $5,000 in costs. […]

Family Law: $412,485 Needs Based Fee Award In Wife’s Favor Affirmed, But $318,510 Fiduciary Breach Fee Award Remanded In Light Of Partial Reversal In Husband’s Favor

Cases: Family Law

  Needs Based Award Was Less Than 30% Of Wife’s Fee Request Under Section 2030.       In Marriage of Schleich, Case Nos. H039870/H041234 (6th Dist. Feb. 8, 2017) (published), ex-husband suffered two adverse awards which were favorable to his ex-wife: (1) a needs-based fee award under Family Code section 2030 to the tune of $412,485

Family Law: Interesting Appellate Decision Involving Senior Husband And Wife Results In A Mixed Bag On Whether Attorney’s Fees And Sanctions Owed, And Against What Assets

Cases: Family Law

  Just Goes To Show You That Dissolutions Proceedings Have A Lot Of Legal And Equitable Issues, No Matter When You Get A Divorce At Any Stage Of Life.      Greene County, Georgia.  Old couple who receive old-age pension assistance.  Fall, 1941.  Jack Delano, photographer.  Library of Congress.      Murdock v. Murdock, Case No. B259694

Family Law: $210,000 Section 271 Sanctions Award Upheld On Appeal

Cases: Family Law

  Inadequate Appellate Record Required Affirmance – “A Little Learning Is A Dangerous Thing”.1    Marriage of Hettinga & Loumena, Case No. H041589 (6th Dist. Nov. 22, 2016) (unpublished) shows the dangers of undertaking an appeal without knowing the nuances of appellate practice.  In this one, wife—who previously had been sanctioned $100,000 and declared a

Family Law: Lower Court’s Award Under Needs-Based Statute Reversed Where Fees Were Requested Under DVPA Prevailing Party Fee Statutory Provision.

Cases: Family Law

  $72,660 Fee Award Against Husband Reversed On Appeal.     In Saldana v. Noh, Case No. A143491 (1st Dist., Div. 2 Nov. 14, 2016) (unpublished), wife moved to recover fees against husband under Family Code section 6344, which allows a prevailing party in a Domestic Violence Prevention Act (DVPA) proceeding to recoup fees.  However, the

Family Law: Trial Judge’s Fixation On Domestic Violence Factor, To The Exclusion Of Other Economic Factors, Required Reversal Of Needs-Based Fee Request By Husband

Cases: Family Law

  271 Sanctions Award Also Reversed, But Child Support Enforcement/DVRO Fees Against Husband Were Sustained On Appeal.     Just to show you how appellate courts “balance the equities,” husband won some and lost some in a challenge to a denial of a Family Code section 2030 needs-based fees award, a grant of section 271 sanctions

Family Law: Surgeon Doctor Husband Properly Assessed With Needs-Based Fees Awarded To Stay At Home Wife

Cases: Family Law

Above:  Surgeon operating on wounded prisoner.  c1903.  Library of Congress. $400 Hourly Rate Reasonable For Divorce Attorney In L.A. Case.     Ex-husband, an orthopedic surgeon who lost his job but became reemployed, was ordered to pay $15,000 in needs-based attorneys fees under Family Code sections 2030/2032 to his ex-wife, who was unemployed and a stay

Deadlines/Family Law: New Trial Motion On Postjudgment Attorney’s Fees Denial To Wife Did Not Extend Period To Appeal

Cases: Deadlines, Cases: Family Law

  Wife’s Appeal Of Fee Denial Was Untimely.     Wife was flummoxed by a lower court’s refusal to award her attorney’s fees, appealing from the denial in Bennett v. Foss, Case Nos. A145656/147009 (1st Dist., Div. 1 Sept. 28, 2016) (unpublished).  Unfortunately for her, the appellate court determined that she untimely appealed such that it

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