First District, Division Four Sustains Fee Awards Under Abuse of Discretion Standard. In Marriage of Ciunkaite & Zhou, Case No. A120463 (1st Dist., Div. 4 Oct. 27, 2008) (unpublished), a trial court awarded respondent wife $13,000 in attorney’s fees (in addition to a prior $16,000 award) based on “need.” Wife had spent almost […]
Even Under Abuse of Discretion Standard, Family Fee Awards Must Be Based on Consideration of Proper Set of Facts. We have frequently discussed how deferential the abuse of discretion standard is in most fee awards, which is the governing standard for awarding attorney’s fees in marital proceedings. (In re Marriage of Cheriton, 92 Cal.App.4th
Sixth District Sustains Section 2030 Need Award to Wife, While First District Affirms Section 271 Sanction Against Father. In our category "Cases: Family Law Awards," we have examined several decisions on attorney’s fees awards in dissolution/custody proceedings. Two recent unpublished opinions affirmed awards made pursuant to two different Family Code provisions.
Husband’s Acquiescence to Family Court’s Determinations During Fee Proceeding Constituted Acquiescence to the Award. If there is a cardinal rule that bears repeating, it is this: in order to preserve one’s challenges for a future appeal, make your objections on the record. If not, brace yourself for a subsequent retort by
Sixth District Does Nice Review of Factors in Unpublished Decision. In our July 13, 2008 post on In re Marriage of Kline Jr. and our August 13, 2008 post on George III, we reviewed cases discussing Family Code sections 2030 and 2032, which allow for a need-based award of attorney’s fees
