Family Law: Ex-Husband Receives Full $138,000 Of Fee Request Against Ex-Wife For Modifying Support Order And Ex-Wife Only Received $10,627 In Fees Out Of Requested $159,783 Fee Request Against Ex-Husband Under Family Code Section 271 Sanctions Provision.

Ex-Husband Obtained A Lopsided Win, With Both Parties Expending $1 Million In Litigation Costs Since Separation.

           Attorney’s fees awards in family law setting are extremely discretionary and the end rest of litigation costs for both parties along the way, even with some reimbursement awards allowed, can certainly make destitute or bankrupt any party. This is well illustrated by what occurred in Marriage of Turnbaugh, Case Nos. A1496157/A1510805 (1^st Dist., Div. 1 May 24, 2018) (unpublished).

            In this situation, both sides had expended $1 million in litigation costs since separation. (Yep, this is no typo.) Ex-husband sought $138,000 from ex-wife under Family Code section 3652, which allows the court to award fees and costs to a prevailing party for obtaining an order modifying, terminating, or setting side a prior support order. He did obtain a reduction in support and did not have to pay private school tuition for his two boys based on a declining financial condition. That fee request was granted in full.   Ex-wife obtained $10,627 out of a requested $159,783 in fees under Family Code section 271’s provision against ex-husband.

            Ex-wife appealed the Family Code section 3652 award to ex-husband.

            The appellate court affirmed. Although there is no definition of “prevailing party” in section 3652, courts in other situations use a practical approach, which was adopted as the standard by the reviewing panel in this cause. Here, the outcome was lopsided in ex-husband’s favor such that no abuse of discretion occurred in granting the “full boat” fee request.