Cases: Family Law

Family Law: Section 271 Sanctions Request Must Be Timely Made, But Section 2030 Request Reversed Where It Appeared Ex-Husband Could Bear Fees For Both Sides

Cases: Family Law

Trial Transcript Records Are Key In This Area.             In Marriage of Jensen, Case No. H04948 (6th Dist. Aug. 17, 2022) (unpublished), we picked up on these takeaways: (1) Family Code section 271 sanctions need to be timely requested during family law proceedings; and (2) Family Code section 2030 “needs” based awards need to comply […]

Family Law: No Abuse of Discretion In Trial Court’s Denial Of Need-Based Fees To Mother Where Clear Disparity Existed Between The Parties’ Ability To Obtain Counsel

Cases: Family Law

Family Code Section 2030 Is Controlled By Section 2032, And Financial Resources Are Only One Factor To Consider In Determining Whether An Award Under Section 2030 Would Be Just And Reasonable.             The trial court denied a $33,000 need-based attorney fees and costs request made by mother in a child custody dispute where it found

Family Law: Marriage of Nakamoto and Hsu Now Published

Cases: Family Law

Section 2030 Needs-Based Trial and Appellate Fees Denied To Husband.             On May 7, 2022, we posted on the then unpublished decision of Marriage of Nakamoto and Hsu, Case No. G059102 (4th Dist., Div. 3 May 4, 2022).  It decided to deny some further section 2020 trial fees and appellate fees to husband for overlitigating

Family Law: Sixth District Finds No Abuse Of Discretion In Trial Court’s Imposition Of $10,000 In Family Code Section 271 Sanctions Against Wife For Failure To Comply With Court Orders

Cases: Family Law

The Record “Unerringly” Demonstrated That Wife’s Refusal To Obey Court Orders Over A More Than Seven-Year Period Was Unreasonable And Unnecessarily Prolonged And Increased The Cost Of The Litigation.             In Marriage of Butler, Case No. H049004 (6th Dist., May 9, 2022) (unpublished), husband and wife entered into a stipulation which was entered as a

Family Law: 4/3 DCA Affirms Trial Court’s Denial Of Husband’s Needs-Based Section 2030 Fees For $50,000 In Fees Incurred And $30,000 For Appellate Fees From Third-Parties Husband Claimed Owed A Community Asset Of $4 Million

Cases: Family Law

Husband Incurred Attorney Fees Over And Above The Trial Court’s Previous Awards To Him Totaling $150,000 By Overlitigating The Case, And Failed To Provide The Trial Court With Reasonable Grounds For Appeal.             Husband litigated a claim that his siblings and family-owned business entities owed him $4 million through the proceeding for dissolution of his

Family Law: No Abuse Of Discretion In Trial Court’s Denial Of Fees And Costs For Appeal Of Companion Case To Mother In Parentage Action Who Earned Significantly Less Than Father, But Remand Was In Order For Denial Of Needs-Based Fees For DVPA Action

Cases: Family Law

Family Code Section 7605 Allows For Needs-Based Fee And Costs Awards In Parentage Proceedings, But Can Apply To Separate Domestic Violence Prevention Act Proceedings Where They Involve The Same Or Similar Subject Matter.             The mother of a 12-year-old boy, who has been involved in a contested parentage action with the boy’s father for roughly

Family Law, Sanctions: No Abuse Of Discretion In Trial Court’s $37,500 Attorney Fees Award, Which Included A $7,500 Deduction Based On Wife’s Conduct, Against Husband In The Form Of Section 271 Sanctions

Cases: Family Law, Cases: Sanctions

Trial Court Had Ensured Against Financial Burden On Husband By Ordering Payment Of The Sanctions Through $200 Monthly Increments, And Its Statement Of Decision Made Clear That The Trial Court Had Considered The Behavior Of Both Parties.             Family Code section 271(a) – the purpose of which is to promote settlement and encourage cooperation –

Family Law: Appellate Court Affirms 80/20 Total Fee Division Between Husband And Wife Where Husband Had A Disparate Net Worth Variance

Cases: Family Law

What Caught Our Eye On This One—Total Fees And Court Costs Were $7.5 Million Altogether!             Marriage of Zucker, Case Nos. B281051 et al. (2d Dist., Div. 4 Mar. 3, 2022, modified Apr. 1, 2022) (partially published on invalidity of spousal support provision; fee discussion unpublished) involved a dissolution proceeding where the husband had a

Family Law: Family Code Section 2020 Denial Of Fees To Ex-Wife Was No Abuse Of Discretion Given The Record Created By Ex-Husband

Cases: Family Law

2030 Fee Orders Are Guided By An Abuse Of Discretion Standard With Respect To The Parties’ Ability To Pay.             Ex-wife, in Marriage of Ian W. and Margot H., Case No. A160486 (1st Dist., Div. 4 Mar. 21, 2022) (unpublished), was under the misapprehension that Family Code section 2030 fees were mandatory in any event. 

Scroll to Top