Cases: Family Law

Family Law Awards: Punishment For Any Technical Violations In “Needs Based” Award Proceeding May Depend On Whether You Are Represented Or Not

Cases: Family Law

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, […]

Family Law Awards: Wife’s Requests For Interim Payments Of $250,000 In Attorney’s Fees And $75,000 In Expert Fees Rebuffed By Trial And Appellate Courts

Cases: Family Law

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

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

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