Marriage of Marash & Whitman, Case No. H036639 (6th Dist. Dec. 10, 2012) (unpublished) could be a precursor of a lot more reversals of needs-based attorney’s fees awards in dissolution proceedings.
In this one, the appellate court reversed a lower court’s award of attorney’s fees to an ex-wife based on Family Code section 2030(a)(2), effective January 1, 2011. We have blogged on this before: the family law judge must make findings based on ability to pay and financial disparity. The statement of decision in this case showed no examination of the 2030/2032 factors, so sent back for a re-do.