$73,000 Was The 2030 Fees Award.
As we wind down on another year (can you believe it), we have to say that family law is a nuanced area of the law and seems to be driven by factual circumstances and the equities in a lot of cases we have posted on over the years. Marriage of Longinotti and Karpala, Case No. H049986 (6th Dist. Dec. 14, 2022) (unpublished) is no exception.
The trial court ultimately awarded ex-wife $53,000 in past fees incurred and $20,000 in anticipated fees to fight a child custody order, under Family Code section 2030, by which the child relocated from the U.S. to Germany with ex-wife. It did so based on a disparity in income because ex-husband had parents making financial contributions of $226,000 which she characterized as a gift and which he characterized as a loan. The appellate court affirmed based on parents’ substantial infusions which can significantly influence section 2030 and other Family Code awards. (In re Marriage of Smith, 242 Cal.App.4th 529, 533-534 (2015); In re Marriage of Alter, 171 Cal.App.4th 718, 736-737 (2009).)
With respect to the equities, the appellate panel expressed skepticism that parents’ financial help should not be imputed to husband because they offered to pay $250,000 to ex-wife to keep their child in the U.S.