Family Law: Lower Court’s Ignoring All Of Ex-Husband’s Evidence, But Using Some Of It, Resulted In Reversal Of Child Modification And $10,000 Needs-Based Fee Award

Appellate Court Was Bothered By Inconsistent Reasoning And Use Of Selective Evidence While Finding Appellant’s Proof Was Not Credible In Entirety.

            In Swan v. Hatchett, Case Nos. A163825 et al. (1^st Dist., Div. 4 June 29, 2023) (published), the lower court refused to consider ex-husband’s evidence as uncredible in child support modification and Family Code section 2030 attorney’s fees need proceedings, resulting in a $10,000 needs-based award in ex-wife’s favor.  The appellate court reversed and remanded because it could not square inconsistent reasoning and use of some of ex-husband’s evidence despite saying all should be ignored.  On the needs-based fee front, it found incredulous that the lower court could rely on husband’s financial declaration for purposes of fashioning a fee award but rejecting it in the modification proceeding.  If the lower court disregarded husband’s evidence in both proceedings, then there was no evidence to show husband had greater resources for purposes of paying for ex-wife’s legal representation.  Even though remanding, the Court of Appeal expressed no opinion as to what outcome should be reached.