Cases: Family Law – Page 52 – Cal Attorneys Fees

Attorney’s Fees Award To Wife Reversed Because Trial Judge May Have Erred About Relevant Time Period And May Have Skewed The Financial Circumstances of The Parties Based On Child Support Miscalculations

October 20, 2008

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

Courts Of Appeal Affirm Two Different Attorney’s Fees Awards Rendered Under The Family Code

Cases: Family Law

October 2, 2008

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 Two recent unpublished opinions affirmed awards made pursuant to two different Family Code provisions.

First District, Division Two Affirms Attorney’s Fees Award To Wife On The Basis of “Need”

Cases: Family Law

September 16, 2008

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

Court Of Appeal Analyzes Need-Based Award Of Attorney’s Fees Under Family Code Sections 2030, 2032, and 4320

Cases: Family Law, Cases: Special Fee Shifting Statutes

August 28, 2008

Sixth District Does Nice Review of Factors in Unpublished Decision.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