Failure to Make Findings Did Not Require Reversal of Fees Award.
Husband, after found to have diverted $181,951 secretly from various accounts, was hit with a $50,000 fee award in wife’s favor based either on need/financial basis (Family Code sections 2030/2032) or as sanctions for litigious conduct (Family Code section 271).
Husband’s appeal of this award in Marriage of Plunkett, Case No. D062540 (4th Dist., Div. 1 Aug 8, 2013) (unpublished), was unsuccessful.
Even though the statement of decision did not specify the basis for the fee/costs award, the record reflected that the lower court had an adequate basis to make an award on either of the articulated grounds. Husband’s actions in withdrawing funds alone supported the award.