Evidence in Record Did Suggest Ex-Wife Had Disparity In Ability to Pay.
In Huynh v. Cao, Case No. A154556 (1st Dist., Div. 4 June 27, 2019) (unpublished), the 1/4 DCA had to review several fee/sanctions awards and rulings in a dissolution matter. First of all, it reversed a $37,679.50 fee award to ex-husband because he never asked for needs-based fees, only discovery sanctions against ex-wife’s counsel (not fees). With respect to the lower court’s denial of fees as sanctions, ex-husband did not appeal that ruling such that he was not entitled to this type of relief. Lastly, the appellate court reversed a denial of additional fees to ex-wife because the lower court failed to make findings about the existence of a disparity in access and ability to pay, with the failure being prejudicial because evidence did demonstrate a disparity in income between the parties. (In re Marriage of Shimkus, 244 Cal.App.4th 1262, 1279-1280 (2016).)