Family Law: Family Code Section 2020 Denial Of Fees To Ex-Wife Was No Abuse Of Discretion Given The Record Created By Ex-Husband

2030 Fee Orders Are Guided By An Abuse Of Discretion Standard With Respect To The Parties’ Ability To Pay.

            Ex-wife, in Marriage of Ian W. and Margot H., Case No. A160486 (1^st Dist., Div. 4 Mar. 21, 2022) (unpublished), was under the misapprehension that Family Code section 2030 fees were mandatory in any event.  That notion was cleared up on appeal.  Although there was some disparity in financial resources, ex-husband showed he was tapped out via prior orders and expending $600,000 in dissolution fees.  The trial court denied ex-wife’s 2020 fee request without prejudice.  Her appeal was unsuccessful.  Ex-husband showed that he paid some substantial child support and ex-wife litigation expenses already, which justified the denial of fees—given that ex-husband went into debt to defend himself in the divorce proceedings. The fee denial, under the circumstances, was no abuse of discretion.