Financial Need Only One of the Factors to Consider.
Although we have posted often about needs-based fee awards under Family Code sections 2030/2032, the next case reminds us that a multi-factored analysis is required under these fee shifting provisions. Even a former spouse with sufficient resources to pay can get a fee award where other factors show it is justified.
That was the case in In re Marriage of Hashemian, Case No. G044186 (4th Dist., Div. 3 Sept. 2, 2011) (unpublished), where former wife received a $12,500 fee award under sections 2030/2032 even though she had sufficient resources to pay fees/costs from her own pocket. (In re Marriage of O’Connor, 59 Cal.App.4th 877, 883 (1997); In re Marriage of Duncan, 90 Cal.App.4th 617, 631 (2001).) In affirming, our local appellate court–in a unanimous decision authored by Justice Moore–reminds us that a fee award is sustainable in these circumstances, especially where the record demonstrated that the former husband pursued litigation tactics which drove up costs for ex-wife.