Fourth District, Division 1 Discusses Broadness of 2030 Motion Procedure.
The next case is not remarkable for affirming a “needs” award under Family Code section of $50,000 in wife’s favor. It is remarkable for showing the broad discretion and procedure that governs these awards by family law judges.
In Marriage of Erwin-Rios and Rios, Case No. D052072 (4th Dist., Div. 1 July 15, 2009) (unpublished), the appellate court observed:
- Section 2032 permits a trial court to award fees under section 2031 “without notice by an oral motion” at the time of a hearing of the cause on the merits (“[p]lainly, in light of the well-established power of a family law court to award attorney fees and the important role they play in assuring equal access to the parties, the Legislature has determined that parties have ample notice of their potential liability for reasonable attorney fees when they are given notice that a family law matter will be heard on the merits”);
- The court has power to impose additional fees than those requested if it determines that the adverse party failed to cooperate in family law proceedings (In re Marriage of Quay, 18 Cal.App.4th 961, 970 (1993)); and
- The family law judge has discretion to create a “judicial lien” on community or separate property in order to secure payment of section 2030 fees (Family Code section 2032(c)).