Evidence That Party With Greater Resources Incurred Greater Fees Should Be Taken Into Account, But Did Not Matter Here.
Marriage of Maxwell, Case No. F065915 (5th Dist. Jan. 30, 2014) (unpublished) involves a divorce in which wife was heiress with large income from a trust (disposable income of $43,000 per month), and husband claimed to have no income and health issues. Based on disparate income and expense declarations, the lower court ordered wife to pay $100,000 provisionally for husband’s attorney’s fees with a $25,000 credit for fees husband already had paid.
Wife claimed husband was “disentitled” to fees based on an incomplete income and expense declaration, but both sides were somewhat guilty on this count so it did not matter. Although the record showed no abuse of discretion in the awarded fees, the appellate court did provide guidance on one factor which should be given attention to in the needs-based fees area: “If the evidence shows the party with greater resources has incurred large attorney fees, we perceive no reason why that information should not be a factor to consider in determining whether an award of fees should be made to the other party and its amount. The trial court may also take into account the reasons for the greater expenditures, for example, whether they reflected that party’s attempts to overwhelm the other with oppressive discovery or were the result of responding to the other party’s dilatory or obstructive tactics.” (Slip Opn., p. 10.) These factors made no difference in this one.