Family Law: Trial Court Discretion Is Broad In Awarding Fees

Unpublished Decision Makes the Point.

     A family law judge awarded husband $8,000 in attorney’s fees after a protracted battle with ex-wife on numerous property and child custody issues. Husband thought he deserved more, but lost. In re Murphy, Case No. D051927 (4th Dist., Div. 1 Feb. 11, 2009) (unpublished).

     Reason? You guessed it—husband could not overcome the deferential abuse of discretion standard. At the conclusion of the case, trial courts are authorized to make a fair award of fees and costs, reviewed under the abuse of discretion standard. (In re Marriage of Cheriton, 92 Cal.App.4th 269, 315 (2001).) Husband showed no error in the award under the circumstances.

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