Family Law: Failure To Use Updated Financial Information For Husband Leads To Reversal Of Wife’s Fee Request Denial

 

Updated Information Might Show Disparity Existed For “Needs Based” Fee Award.

     In Marriage of Kelley & Nelson, Case No. B266745 (2d Dist., Div. 4 July 22, 2016) (unpublished), wife’s request for “needs based” fees was denied. However, that decision was reversed on appeal because the lower court did not use husband’s updated financial information which included additional assets plus an inheritance. Given that the older, stale information did not have this supplemental data, use of the “fresher” information might present a financial disparity which might lead to a different result in wife’s favor. Back for a re-do.