Marriage of Bader, Case No. G044876 (4th Dist., Div. 3 Dec. 21, 2011) (Unpublished).
In this one, husband appealed a $20,000 needs-based attorney's fees award to wife (out of a requested $25,000) under Family Code sections 2030/2032. Husband claimed that the award had to be reversed because no express findings were made on financial situation issues as required under these sections. The appellate court did agree that section 2030(a)(2), effective January 1, 2011, was amended to require express findings on the financial disparity between both sides in order to award fees. Although this was not done, the failure to do so was harmless in nature—after all, husband was a physician and wife was a hair stylist, with the proof below showing the economic disparity between the parties. Justice Ikola was the author of the 3-0 opinion reminding family practitioners and jurists of the requirement to now make express findings under these statutory provisions.
Marriage of Gehr, Case No. B226755 (2d Dist., Div. 2 Dec. 21, 2011) (Unpublished).
Here, wife was awarded 80% of her requested attorney's fees primarily under a premarital settlement agreement, totaling about $239,000 through the course of trial work. Both sides appealed, husband saying too much and wife saying too little. Enough, said the unanimous appellate panel. The trial judge generously awarded fees under two fairly narrow provisions of a premarital settlement agreement, so no more was needed to be awarded. Wife also appeared to present conflicting financial information, so holding her responsible for 20% of her own fees was no error.