Cases: Family Law

Failure To Rule Was Prejudicial, Leading To A Reversal.             Marriage of Knox, Case No. F081092 (5th Dist. Sept. 9, 2022) (published) is a blockbuster decision where a lower court’s failure to promptly rule on a self-represented ex-wife’s request for pendente lite Family Code section 2030 led to reversal on reserved issues when she bungled

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 Aug. 17, 2022) (unpublished), we picked up on these takeaways: (1) Family Code section 271 sanctions need to be timely requested during family law proceedings; and (2) Family Code section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 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

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             On May 7, 2022, we posted on the then unpublished decision of Marriage of Nakamoto and Hsu, Case No. G059102 (4th Dist., Div. 3 May 4, 2022).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

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             In Marriage of Butler, Case No. H049004 (6th Dist., May 9, 2022) (unpublished), husband and wife entered into a stipulation which was entered as a

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 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

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

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.