Sixth District Finds Award Was No Abuse of Discretion
The next case counsels litigants caught up in family law proceedings to be candid with the trial judge with respect to submission of financial evidence. Failure to be candid frequently will negatively impact the merits, as well as influence the court’s thinking on awarding "needs based" fees under Family Code section 2030 to the ex-spouse.
The lack of candor apparently did bite ex-husband in Marriage of Perrilliat, Case No. H034379 (6th Dist. Sept. 7, 2010) (unpublished). There, the family law judge found husband’s presentation of financial information to be "confusing and inconsistent," while finding wife’s presentation to be "credible." He awarded $20,000 to wife out of a requested $42,000 in fees. The appellate panel found no abuse of discretion, finding that the large fee request was generated in large part by husband’s uncooperative conduct during the litigation, including his attempt to obtain sole legal and physical custody with limited visitation to wife. The trial court did not err in crediting wife’s financial information, which did show a disparity justifying a section 2030 award.