Family Law, Special Fee Shifting Statutes: $43,000 Fee Award To Prevailing Petitioner In An Extensive DVRO Proceeding Is Affirmed On Appeal

Current Version Of Family Code Section 6344 Is Retroactive To Cases Pending On Its Effective Date, With Fee Award Not Being Seen As Excessive In Nature.

               Prevailing petitioner (ex-wife) was awarded $43,000 in attorney’s fees imposed upon her ex-husband under Family Code section 6344 in a DVRO proceeding.  That award was affirmed on appeal in Marriage of Stephanie & Kyle N., Case No. D084263 (4^th Dist., Div. 1 Nov. 21, 2024) (unpublished).

               The current version of section 6344, effective January 1, 2023, changed the law such that a prevailing petitioner could obtain fees and costs without regard to the petitioner’s ability to pay so long as the respondent had the ability to pay.  The appellate court found that provision was retroactive to petitioner’s matter pending before 2023, adopting the reasoning articulated to that effect in Dragones v. Calkins, 98 Cal.App.5^th 1075, 1081-1082 (2024).)  The amount of the fee award was not excessive because (1) the DVRO proceeding lasted 18 days over a 15-month time span, and (2) husband had the ability to pay, paying his own attorney about twice more than the fee award in ex-wife’s favor.