No Statement of Decision Required For Dissolution Fee Matters At the Time.
Marriage of Carson, Case No. E052074 (4th Dist., Div. 2 Jan. 4, 2012) (unpublished) involved a husband who appealed orders requiring him to pay attorney’s fees to his wife under Family Code sections 271 (sanctions statute, for not fostering settlement) and 2030/2032 (“needs-based” statutes looking at the relative financial conditions of each side).
The appellate court affirmed (1) a $1,500 (out of requested $1,958) fee award for husband’s pursuit of nongermane medical records prompting wife’s successful motion for a protective order, and (2) a $5,000 (out of requested $12,250) fee award where both parties had about the same level of fees, husband was helping his lawyer draft a lot of the paperwork (such that wife had a nonlevel playing field when it came to the legal system), and husband had been frustrating resolution during the case.
The appellate court also rejected that a statement of decision was required for a fee motion determination in a dissolution proceeding. (In re Marriage of Askmo, 85 Cal.App.4th 1032, 1040 (2000).) [BLOG CAVEAT–See our December 22, 2011 post on Marriage of Bader, where Justice Ikola reminded everyone that Family Code section 2030(a)(2), effective January 1, 2011, does require express findings on relative financial conditions for each side in “needs-based” dissolution fee matters.]