Record Showed Ex-Wife Had Income/Prior Assets To Pay Fees; 271 Challenge Rejected Because Of Failure To Provide Record Citations.
Marriage of Mould, Case No. C085068 (3d Dist. Nov. 12, 2020) (unpublished) is an illustration of how appellants need to pay attention to the record and also to provide detailed record citations when deciding to appeal or in supporting an appeal.
In this one, ex-wife had monthly income of $6,800 and had obtained prior asset distributions, but she had racked up $80,000 of credit card debt. The appellate courts found no abuse of discretion by the lower court in denying needs-based fees based on these facts in the record. As far as a section 217 sanctions request denied by the lower court, appellant’s failure to provide record citations doomed review of this contention.