Husband Did Not Show He Could Not Pay Sanctions Award.
After 25 years of marriage, husband got hit with a Family Code section 271 sanctions order of $14,872 in fees/expended incurred by ex-wife mainly based on encumbering property without consent after filing of the restraining order going into effect after the filing of a family dissolution matter.
Husband appealed, but the award was affirmed in Marriage of Lin, Case No. A138349 (1st Dist., Div. 3 July 30, 2014) (unpublished).
Family law cases, to say the least, are thickets. And this one was no different. Husband tried to unilaterally execute three promissory notes by trust deeds in favor of sisters, rather than have the family law judge adjudicate if they were true loans or gifts. That type of misconduct amply justified the 271 ruling, with husband not being able to demonstrate he was impecunious—he had a larger earning capacity and was awarded the couple’s “substantial” rental property. No basis shown to overturn this award.