Once Jurisdictional Hurdle Was Surmounted, Record Below Justified Lower Court Award.
Georgi-Juarez v. Juarez, Case No. G051351 (4th Dist., Div. 3 June 17, 2016) (unpublished) involved husband’s appeal of a $20,000 “needs-based” award to ex-wife under Family Code section 2030/2032 after husband had appealed the dissolution judgment. The award was affirmed on appeal.
Husband’s principal challenge was that the appeal of the disso judgment prevented the family law judge from entering a subsequent needs-based fee award in favor of wife. The appellate court disagreed, finding that the subsequent award was not “embraced” by the prior disso judgment such that it was not stayed during the pendency of the disso judgment appeal. (In re Marriage of Askmo, 85 Cal.App.4th 1032, 1039 (2000); In re Marriage of Strachon, 77 Cal.App.3d 506, 509 (1978).) Once this jurisdictional hurdle was surmounted, the fee award was justified based on a record showing there was a disparity in resources such that husband should pay some fees.
Justice Fybel authored the opinion on behalf of a 3-0 panel.