Appellate Court Addresses Interactions Between Family Code Sections 3652 and 2030.
Hutchison v. Ajiduah, Case No. B236024 (2d Dist., Div. 6 Apr. 2, 2013) (unpublished) reminds us of an interesting interaction between Family Code sections 3652 and 2030. Under the former, the court can award prevailing party fees/costs with respect to an order modifying, terminating, or setting aside a support order. The latter section is the one allowing for fees to be awarded to a spouse based on need. However, the law is clear in this area that the court must first consider whether a 2030 award is inappropriate before awarding fees under 3652. (In re Marriage of Popenhager, 99 Cal.App.3d 514, 525-526 (1979).) The lower court did consider things properly, so the $7,000 award against husband was affirmed.