Family Law: Ex-Wife’s $100,000 Needs-Based Fees Request, Where Husband Had Lots Of Expenses And Her Request Made At Eleventh Hour, Was Properly Denied

Timing, Circumstances, And Nature Of Request Are All Key Concerns In This Area.

            In Marriage of Tearse, Case Nos. A155541/A156019 (1^st Dist., Div. 4 Oct. 21, 2020) (unpublished), ex-wife was not pleased when the family judge denied her needs-based fee request for $100,000.  The problem was she did not defeat the deferential abuse-of-discretion standard of review with respect to denial of her request.  The record showed that, despite the disparity in finances between herself and ex-husband, he had substantial expenses such that he could not pay this substantial request and also serviced his business and his own attorney’s fees in the divorce.  Expenses were a legitimate concern on a needs-based motion.  It also was not reasonable for ex-wife to ask for this amount of money given there was a discovery cut-off and she did not retain experts before that cut-off, with no explanation for the delay in the request—a totality of circumstances which salted the result for the appellate court.