Lower Court Did Consider Ex-Wife’s Ability To Pay, Ordering It Be Paid $5,000/Month.
Family law litigants and practitioners should pay attention to how Family Code section 271 sanctions for failing to settle family law matters can be painful and a game changer as far as a litigant’s financial well-being. Marriage of Detrick, Case No. A166304 (1st Dist., Div. 4 Dec. 12, 2024) (unpublished) is a casebook example of just that.
In this case, there were dueling DVRO petitions for child abuse and domestic violence. Ex-husband ultimately prevailed after a very vigorously contested proceeding where the trial judge found him credible and did not find ex-wife credible. The lower court then awarded ex-husband $222,952 in attorney’s fees under Family Code section 271, a sanctions provision allowing considerable discretion where a litigant prolonged and did not try to resolve a dissolution case. However, ex-wife was ordered to pay off the amount over time, $5,000 a month until the amount was satisfied pending further orders on asset and ability to pay situations.
That result was affirmed on appeal. Although substantial, the fee award was justified based on the positions of the litigants and the contested nature of the proceeding. With respect to ability to pay, ex-wife was an interior designer and had her current expenses paid by a boyfriend; that, combined with the $5,000 per month extended payment schedule, showed there was consideration given to her ability to pay, justifying the award.