Family Law: Trial Court’s Denial Of Additional Attorney Fees Award To Husband Affirmed Despite Failure To Make Explicit Findings Under Section 2030

Failure To Make Required Findings Under Family Code Section 2030 Requires Reversal Only Where A Reasonable Probability Exists That A More Favorable Result To The Appealing Party Would Have Been Reached If Explicit Findings Were Made

            In Marriage of Callas, Case No. C093353 (3^rd Dist., March 8, 2022) (unpublished), husband who had been awarded Family Code § 2030 fees sought reversal of the trial court’s decision to deny him an additional attorney’s fees award because the trial court failed to make the required findings as to financial disparity and whether an award of fees is appropriate. 

            The Third District affirmed.  Based on the earlier fees award to husband, the trial court impliedly found a financial disparity between husband and wife even though it failed to make explicit findings under section 2030.  That implied finding was not challenged by either party, and husband did not claim the earlier award was unjust or unreasonable at the time it was awarded – nor did he do so on appeal.  Additionally, husband failed to show that a reasonable probability exists that he would have been awarded additional fees if the trial court had made explicit findings under section 2030. (In re Marriage of Morton, 27 Cal.App.5^th 1025, 1051 (2018).)