Family Law: Lower Court Did Not Have To Consider Financial Needs Factor In Awarding Discretionary Fees Under Family Code Section 6344(a) In Domestic Violence Proceeding

 

$20,000 Fee Award to Girl Friend Affirmed On Appeal.

 

     Fox.  Seward, Alaska. c1900-1930.  LOC.In Fox v. Knopp, Case Nos. B240449 et al. (2d Dist., Div. 8 Nov. 8, 2013) (unpublished), attorney boyfriend was hit with a $20,000 domestic violence fee award in favor of ex-girlfriend. The statutory basis was Family Code section 6344(a), which allows a lower court to award discretionary fees to a prevailing party in this type of situation. Ex-boyfriend appealed, but did not change the reviewing court’s collective conclusion on the fee award.

     The reason? Section 6344(b) sets forth factors to be considered on mandatory needs-based awards, but does not include or reference factors to be considered in discretionary awards. The (a) award was discretionary, so that no needs-based factors need to be considered. Fee award affirmed.

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