Cases: Family Law

Family Law: Attorney’s Fees of Father Paid by Tribe Directly to Attorneys and Included as Taxable Income on a Federal Return, are Excluded as Gross Income for Purposes of Calculating Child Support

Cases: Family Law, Cases: Taxation

  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 […]

Family Law: Trial Court Tosses Responsibility for Attorney’s Fee Award to Court of Appeal, and Court of Appeal Tosses It Right Back

Cases: Family Law, Cases: Standard of Review

     Appellant Joan Drelinger (Mother) registered in 2004 a 1973 order for child support issued in the State of Nevada, and sought to enforce the order. The trial court confirmed the order’s registration but found respondent Jay Drelinger (Father) had satisfied his child support obligation. The court deferred ruling on the parties’ competing motions for

Sanctions and Family Law: First District, Division Two Upholds Sanctions in the Amount of $15,030 Against Attorney Representing Mother in Custody Dispute

Cases: Family Law, Cases: Sanctions

State Bar’s Decision that Discipline Was Not Warranted Does Not Move Court to Overturn Sanctions Award.      The genesis of the next case was a heart-rending child custody dispute that could be a made-for-television movie.  Unfortunately, it was real life rather than entertainment.  Robinson v. Charlton A., A104663 (1st Dist., Div. 2, July 27, 2009)

Family Law Award: $50,000 Family Code Section 2030 Award Affirmed

Cases: Family Law

Fourth District, Division 1 Discusses Broadness of 2030 Motion Procedure.      The next case is not remarkable for affirming a “needs” award under Family Code section of $50,000 in wife’s favor. It is remarkable for showing the broad discretion and procedure that governs these awards by family law judges.      In Marriage of Erwin-Rios and

Family Law: Court Of Appeal Affirms $26,504.85 Fees/Costs Award In Domestic Violence Restraining Order Dispute

Cases: Family Law, Cases: Reasonableness of Fees, Cases: Standard of Review

Fees/Costs Were Justified Under Family Code Section 6344(a).      Under Family Code section 6344(a), a trial court may award attorney’s fees and costs to a prevailing party in a proceeding concerning a domestic violence restraining order after notice and a hearing on the issue. This provision was squarely at issue in the next case we

Family Law Awards: Duplicative Civil Proceeding To Family Law Matter Does Not Necessarily Justify Family Code Section 271 Sanctions

Cases: Family Law, Cases: Sanctions

Fourth District, Division 2 Upholds No Sanctions Award in Unpublished Opinion.      In our category “Family Law Awards,” we have surveyed many past decisions awarding fees against family law litigants based on Family Code section 271, which allows an award of fees as a sanction against a litigant that frustrates settlement, increases the cost of

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