Record Did Demonstrate Disparity in Financial Incomes of Ex-Spouses.
Marriage of Landau and Francis, Case No. B232575 (2d Dist., Div. 8 May 30, 2012) (unpublished) involved ex-husband’s appeal of a Family Code section 2030/2032 needs-based fee award to wife of $30,000 lump sum.
The fee award was affirmed. After all, under a prior spousal/child support stipulation, the parties stipulated that husband (KPMG tax attorney/director) had monthly income of $26,939 compared to $3,750 for wife (a psychologist). This admission could be given great weight by the lower court, as it was on appeal. Also, husband and wife had roughly the same amount in attorney’s fees incurred during prior battles. From a “net” cash flow perspective, husband had over $10,000 per month compared to negative income for wife. Finally, it was no abuse of discretion to direct the fee award as being payable on a lump sum basis, because husband waived the argument by not asking for installment payments and he did have assets with equity from which to pay the award.