Family Law: Denial Of Needs-Based Fee Request By Husband Reversed Where Family Code Section 4320 Factors Were Not Considered

 

Also, Block Billed Fee Billings Needed To Be Looked At Again.

     A family law judge’s denial of a fee request to ex-husband was remanded in Marriage of Nunez and Minor, Case No. G051412 (4^th Dist., Div. 3 May 27, 2016) (unpublished). The reason was that the lower court failed to consider the needs-based factors for such a fee request, the same factors which must be considered in deciding to award spousal support (also producing a reversal and remand on the support ruling). The appellate court also indicated that the block billing entries might well result in a downward fee adjustment, another issue to be considered on remand. Justice Ikola authored the 3-0 panel decision.