271 Sanctions Award Also Reversed, But Child Support Enforcement/DVRO Fees Against Husband Were Sustained On Appeal.
Just to show you how appellate courts “balance the equities,” husband won some and lost some in a challenge to a denial of a Family Code section 2030 needs-based fees award, a grant of section 271 sanctions against him, and a grant of child support [section enforcement [section 3692]/domestic violence restraining order (DVRO) [section 6344(b)] fees in favor of wife.
In Marriage of Locatelli, Case No. B267653 (2d Dist., Div. 1 Oct. 31, 2016) (unpublished), the trial judge (i) denied needs-based fees awards sought by both husband and wife, (ii) granted section 271 sanctions against husband, and (iii) granted fees to wife for successful efforts in child support enforcement and DVRO efforts against husband.
Husband did well to appeal, but the (iii) grant of fees to wife held up on appeal, with the determinations upon review of (i) and (ii) leading to the affirmance of (iii).
The problem with denying needs-based fees to husband was that the record showed a clear disparity in financial resources: wife had $10,000 in gross monthly income compared to unemployed husband receiving $450/week in unemployment benefits; wife owned a property with $500,000 in equity versus husband having a property worth $100,000 (which he bought with joint IRA account proceeds) eventually transferred to his mother. However, the trial judge myopically focused in the appellate court’s opinion upon the fact husband had a domestic violence black-mark, but singularly weighted this factor without consideration of other factors showing economic disparity. The 271 sanctions grant against husband was also error even though he depleted the IRA account to buy the $100,000 property given the other extenuating adverse financial factors at play.
However, the balance was restored on the child support enforcement and DVRO fee awards. Those totaled about $30,000, with husband able to pay them given his depletion of the IRA accounts which were not weighted in the reversal of the other awards.