Cases: Family Law

Family Law Awards: Fee Award Reversed Because Trial Court Failed To Specify Basis For Award And Requesting Party Did Not Provide Proper Notice of Request

Cases: Family Law

Fourth District, Division 2 Remands For Proper Determination, Using Applicable Legal Principles.      In our category “Family Law Awards,” we frequently have surveyed decisions in which attorney’s fees were awarded to one side in a family law dispute based on “need” (Family Code sections 2030 and 2032) or as a “sanctions” because of litigious conduct

Family Law Awards: Section 2030 Award Affirmed In Favor Of Wife

Cases: Family Law

Fourth District, Division 1 Finds Husband Had Income and Assets More Than 1600% Greater Than Wife.      As the next case illustrates, most “needs”-based awards under Family Code section 2030 are reviewed under the deferential abuse of discretion standard. When that standard is used, an affirmance follows in most situations.      Marriage of Carson, Case

Family Law: Fees Awarded Against Wife For Renewed Fee Request And For Substantially Increasing Litigation Costs Through Multiple Appeals

Cases: Family Law

Sixth District Rules Again On Dissolution Dispute Between Repeat Litigants.      In Marriage of Falcone and Fyke, Cases Nos. H032396 & H032482 (6th Dist. May 1, 2009) (unpublished), the Sixth District dealt, yet again, with a former husband and wife that had been before it on numerous occasions. (We, too, have posted on their prior

Family Law: Wife Was Not Entitled To Attorney’s Fees Award Under Family Code Section 2030

Cases: Family Law, Cases: Sanctions

First District, Division 3 Affirms Fee Denial; Wife Also Hit With $4,000 in Sanctions Under Section 271.      Ex-wife was married over 18 years to a successful attorney, who was apparently generous in both support payments and settlement equalizations in dissolution proceedings—at least according to the Court of Appeal. There were substantial assets to divide,

Family Law: Husband Withholding Financial Information Hit With $8,000 Fee Award

Cases: Family Law

Second District, Division 6 Affirms Award Based on Family Code section 271.      We have under our category “Family Law” discussed on many occasions the application of Family Code section 271, a sanctions-designed statute allowing attorney’s fees to be assessed against a family law litigant that is uncooperative, subverts resolution of disputes, and increases the

Family Law: Court Of Appeal Affirms $5,000 Fee Award To Wife Under Family Code Section 271 Even Though Trial Court Did Not Specify Award Basis

Cases: Family Law

Fourth District, Division 1 Offers a Tutorial on Section 271 Awards.      Under our category “Family Law,” we have surveyed past attorney’s fees awards under various sections of the Family Code because, after all, we are an equal opportunity blogger and like to survey fee decisions across the board in California. One of the most

Family Law: Husband Loses Appeal Of $1,500 Fee Award

Cases: Family Law

Fourth District, Division 3 Finds He Violated Fundamental Tenet of Appellate Practice—Failure to Provide an Adequate Record.      Disgruntled husband was hit with a $1,500 adverse fee award assessed by a family law judge and made payable to wife’s attorney. Presumably, the award was made under Family Code section 271, which is a sanctions statute

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