Family Law: Failure To Rule On Pendente Lite Family Code Section 2030 Early In A Proceeding Resulted In A Reversal Of Reserved Issues Where Self-Represented Wife Bungled Key Trial Issue

Failure To Rule Was Prejudicial, Leading To A Reversal.

            Marriage of Knox, Case No. F081092 (5^th Dist. Sept. 9, 2022) (published) is a blockbuster decision where a lower court’s failure to promptly rule on a self-represented ex-wife’s request for pendente lite Family Code section 2030 led to reversal on reserved issues when she bungled a key trial transmutation issue.  Based on the record, the failure to rule on a request for representation was prejudicial given that counsel would not have bungled the issue.  Quite a turnaround with a reversal on reserved issue and remand to rule on the section 2030 request.

            Here is the crux of the appellate court’s holding: “Section 2030 provides that family courts ‘shall ensure that each party has access to legal representation, including access early in the proceedings,’ by awarding pendente lite attorney fees when certain statutory conditions are met. (§ 2030, subd. (a)(1), italics added.) We interpret the phrase ‘shall ensure’ to mean family courts have a mandatory obligation to order a party to pay attorney fees of the other party when the circumstances specified in the statute exist. In addition, the reference to ‘access early in the proceedings’ and other statutory text means family courts must not unreasonably delay their ruling on a request for pendente lite attorney fees.”