Income Earning Disparity Was Tangible and Failure to Provide More Information on 271 Request Was Fatal.
Husband challenged two things in Marriage of Smith, Case No. B232161 (2d Dist., Div. 8 Oct. 10, 2012) (unpublished): (1) a needs-based Family Code 2030/2032 fee award of $9,000 to wife; and (2) refusal to award him attorney’s fees after the court sanctioned wife $1,000 under Family Code section 271 based on a lack of complete candor with respect to asset disclosure.
His appeal was not persuasive.
With respect to the needs-based award, there was a disparity in earning capacities/incomes even though wife had some inheritance money in the bank. As far as the $9,000 amount, that too was okay because wife’s requested fees encompassed several years of litigation and the lower court was familiar with her counsel’s efforts.
Husband had requested an award of fees based on the 271 sanctions against wife. The trial court wanted him to submit more information on this request, something he apparently did not do. This failure to provide more data was damning on his appeal of the issue.