Records Did Not Reflect Lower Court Considered Needs-Based Factors.
In Marriage of Kokoszka, Case No. E056727 (4th Dist., Div. 2 Dec. 10, 2013) (unpublished), the issue was whether the record established that the lower court properly considered the needs-based factor in denying a fee award to ex-wife in a family law case.
The fee denial was reversed in this one, because the record did not support showing consideration of proper factors by the court below.
Ex-husband’s income was nearly triple that of ex-wife’s income. Yet, the lower court seemed to deny fees on the belief that any fee inequality could be remedied by awards for sanctions by any offending family litigant.
The appellate court found this analysis demonstrated no needs-based analysis was engaged in by the lower court. No statutory factors were considered by the family law judge based on the record, so reversed and remanded on this one.
BLOG OBSERVATION–It looks like a reporter’s transcript was used to obtain the reversal in this case. However, we remind practitioners that many, many courts no longer have reporters at many proceedings. So, call and find out the arrangements or bring your own reporter!