Ex-Wife Prevented Ex-Husband’s Access To His Lawyer Such That Conservatorship Had To Be Established, And Wife Had Ability To Pay From Her Divorce Equalization Payment.
A family law judge concluded in Marriage of Henkel, Case No. H044147 (6th Dist. Dec. 12, 2019) (unpublished) that ex-wife should be assessed with Family Code section 271 sanctions of $65,000 to inure to the benefit of ex-husband. After all, ex-wife had engaged in a bogus incapacitation scheme which prevented ex-husband’s lawyer from having access to him, requiring initiation of a successful conservatorship so the attorney could gain access. The Sixth District affirmed the sanctions order, determining that the order did compensate ex-husband for some of the expenses of the conservatorship proceeding. Although no financial need is required for a 271 sanctions order, ex-wife did have the financial wherewithal based on a divorce equalization payment ordered earlier in the dissolution matter.