Fourth District, Division 2 So Holds in Unpublished Decision. In Marriage of Weatherup, Case No. E045519 (4th Dist., Div. 2 Oct. 29, 2009) (unpublished), the Court of Appeal affirmed a $90,000 attorney’s fees award in favor of wife and against husband, broken down as $35,000 in Family Code section 271 sanctions and $55,000 […]
First District, Division 5 Rejects Plaintiff’s Inability to Pay Based on Failure to Submit Any Financial Evidence. The next case illustrates a lesson we see often in our “Family Law” category—if you are claiming fees should not be awarded or reduced on a “needs” basis, make sure you submit financial proof to back
Fourth District, Division 2 Stresses Need for Adequate Documentation of Need. In our category “Family Law,” we have reviewed numerous decisions that grant or deny (partially or entirely) fee requests for awards based on need under Family Code sections 2030/2032. Almost all the decisions, in line with California Rules of Court requirements, direct
Third District Reverses Trial Court Recognition of Fee Award from Britain. In the next one, Brits might think that we pesky U.S. rebels just have it in for them. Not quite, it simply was a technical interpretation of what awards can and cannot be enforced under the Uniform Foreign Money-Judgments Recognition Act, Civil Code
Sixth District Looks At All the Relevant Circumstances Under Family Code Section 2030. Although we might think that this next lesson would be self evident, “litigating just to litigate” may get you into trouble. It also may have a spillover effect as far as influencing trial and appellate courts’ thought processes when it
Parent’s Ability to Pay Does Not Need to be Recalculated Every Time Minor’s Counsel Submits a Fee Bill. Courts can issue orders appointing counsel to represent the child under Family Code section 3150 in dissolution actions. The court has wide discretion to make the parents, rather than the County, responsible for the counsel fees.
Panel Quotes From Fourth District, Division 3 Colleagues in the Process. Who says appellate justices don’t read and admire the prose from fellow colleagues in the other state Courts of Appeal? Not us, as the next case demonstrates. Marriage of Silverman, Case No. B208172 (2d Dist., Div. 7 Sept. 8, 2009) (unpublished) involved
Second District, Division 1 Finds Unrepresented Wife Did Provide Adequate Financial Information, Whereas Represented Husband’s Failure to File Income and Expense Declaration Was Consequential. The next case illustrates that appellate court’s willingness to excuse technical violations may depend on whether the litigant is represented by counsel or representing himself/herself. In Marriage of Sherman,
Wife Awarded Interim Fees of $60,000 Based on “Need.” Many times in the past, in our category “Family Law Awards,” we have surveyed “needs based” fees awards in family law matters under Family Law Code sections 2030 and 2032. The main objective is to provide fees so that one of the litigants has a
But Fourth District, Division One Also Rules that on Remand,Trial Court May Consider Whatever Impact the Attorney’s Fees Have on Living Expenses and Resources. The typical attorney’s fees issue addressed by the courts in family law disputes is: who should pay attorney’s fees, and how much? The next case involves an altogether different
