Husband Provided Equivalent Judicial Council Information, With Wife Having the Better Standard of Living Based on Income From a “New Mate.”
Ex-wife in Buchanan v. Alhino, Case No. C072653 (3d Dist. June 17, 2014) (unpublished) appealed a family law order directing that she contribute $4,000 toward ex-husband’s attorney’s fees under the needs-based statutes (Family Code sections 2030 and 2032).
Her appeal did not result in any change.
She argued that ex-husband failed to file Judicial Council mandated forms, but this one lost because he did file comparable information. The record showed that ex-wife, based on income from a new mate, had a higher standard of living such that a pendente lite award was justified. Wife mainly complained about considering her new husband’s income when assessing the parties’ relative abilities to pay, but this is relevant information to consider for pendente lite fee awards. (Alan S. v. Superior Court, 172 Cal.App.4th 238, 255 (2009).)