Family Law: Family Court’s Failure To Make Mandatory Findings Required Under Family Code Sections 2030 and 2032 Was Abuse Of Discretion

Family Court Did Not Award Fees Due To Wife’s Pro Per Status At The Time It Rendered Its Decision.

            In Marriage of Soares, Case No. F076532 (5^th Dist., Sept. 26, 2019) (unpublished), Wife challenged family court’s denial of her needs-based fees request, its spousal support determination, and the judge’s failure to recuse himself for conflict of interest.

            Although Wife gained no traction on the spousal support and disqualification issues, she achieved a remand on the attorneys’ fees issue.

            Throughout the course of this action, Wife was represented by three different attorneys before proceeding in pro per.  Her request for attorneys’ fees was filed during representation from her first attorney, but Wife was representing herself at the time the court rejected her request based on her self-representation.

            Citing In re Marriage of Cheriton (2001) 92 Cal.App.4^th 269 and In re Marriage of Tharp (2010) 188 Cal.App.4^th 1295, the 5^th District found the family court’s failure to make a mandatory determination pursuant to Fam. Code §§ 2030 and 2032 to be an abuse of discretion.  Wife’s eventual self-representation was of no consequence.  She had received legal services and had made a request for fees which may be awarded under Fam. Code § 2030 (b) “for legal services rendered or costs incurred before or after the commencement of the proceeding.”