Sixth District Affirms Denial of Wife’s Request for Fees Based on “Need.” In Falcone v. Fyke, Case Nos. H031458 & H031792 (6th Dist. Mar. 5, 2009) (unpublished), the family law judge denied wife’s request for an award of attorney’s fees to equalize the family dispute playing field because wife did not timely file […]
Family Code Section 6344 Authorizes the Award; Trial Court Did Not Err In Failing to Allocate the Award Between Costs and Fees. Stephens v. Lane, Case No. H032719 (6th Dist. Feb. 26, 2009) (unpublished) involved a wife who obtained an award for $15,000 in attorney’s fees and costs associated with winning a restraining order
Fourth District, Divisions Three and One Affirm Fee Awards Under Family Code sections 2030 and 2032. In our category “Family Law Awards,” we have frequently seen the courts awarding attorney’s fees to one spouse in family court proceedings based on Family Code sections 2030 and 2032. The purpose of these statutory provisions is to
Fifth District Vacates $6,000 in Sanctions Against Wife. The beginning sentences of In re Marriage of Grady and Britten, Case No. F054668 (5th Dist. Feb. 17, 2009) (unpublished) are ominous in tone: “Arbitration typically is viewed as a relatively fast, inexpensive way to resolve disputes. This view assumes the existence of a clear and
Unpublished Decision Makes the Point. A family law judge awarded husband $8,000 in attorney’s fees after a protracted battle with ex-wife on numerous property and child custody issues. Husband thought he deserved more, but lost. In re Murphy, Case No. D051927 (4th Dist., Div. 1 Feb. 11, 2009) (unpublished). Reason? You guessed it—husband
Reason: Court Did Not Consider Each Side’s Financial Needs or Other Relevant Factors. In our category “Cases: Family Law Awards,” we have had occasion to examine cases awarding attorney’s fees to one side under Family Code sections 2030 and 2032. A family law judge must consider certain statutory factors in making fee awards under
Fourth District, Division One Sustains $3,000 Award Against Husband. In our category “Cases: Family Law Awards,” we have reviewed past decisions discussing Family Code section 271, which allows a family judge to award fees as a sanctions against a litigant or counsel who frustrates the policy of encouraging settlement or cooperation in family
Error In Not Requiring Updated Financial Declarations Deemed Harmless In Recent Fourth District, Division One Decision. Under our category "Cases: Family Law Awards," we have reviewed numerous attorney's fees awards under Family Code section 271 and other related provisions. Section 271 is in the nature of a sanctions in family law cases, authorizing
First District, Division One and Fourth District, Division One Decide Fee Award Challenges Under Family Code Sections 271 and 2030/2032. Here is a trilogy of unpublished decisions involving review of fee awards in family law matters. Marriage of Hagan – Family Code section 271 The First District, Division One seemed to struggle with
Second and Sixth District Cases Show That Appellate Record Can Be The Key to Success on Appeal. Needs-Based Fee Award Is Reversed and Remanded In Marriage of Rothe, Case No. B202733 (2d Dist., Div. 4 Nov. 20, 2008) (unpublished), the Court of Appeal reversed and remanded a lump sum fee award of $92,552.86 in
