No Abuse Shown, Given that Husband Caused Wife to Run Up $76,252.05 During Pertinent Time Frame.
Marriage of Stafford, Case Nos. 133579/A133984 (1st Dist., Div. 3 Aug. 20, 2012) (unpublished) is one of those cases illustrating that trial and appellate courts demonstrate pragmatism when setting or reviewing Family Code section 271 sanctions awards.
There, husband was “hit” with a Family Code section 271 sanctions award of $30,000 to cover wife’s expenses during a little over a year’s worth of family dissolution proceedings. The award was based on the fact, even after he became an in pro per litigant, that husband was overly aggressive and filed unnecessary motions during the course of the case.
The sanctions award was affirmed.
Forget the financial information of record (somewhat incomplete, marred by husband’s bankruptcy) and proof tending to show that wife was more indigent, the clincher here was that wife incurred $76,252.05 for the time frame in which husband went on his litigation tear. This fact alone seemed to carry a lot of weight as far as affirming the $30,000 271 sanctions award against husband and in favor of wife.