Deadlines, Family Law: Ex-Wife’s Challenge To $193,000 In Attorney’s Fees Under Family Code Section 271 Or Contractual Marital Stipulation Fee Clause Affirmed On Appeal

Although Notice Of Motion For Appellate Fees Was Untimely, Record Showed That The Lower Court Granted An Extension Request To Ex-Husband As Moving Party.

               In Marriage of Richards, Case Nos. G062449 et al. (4^th Dist., Div. 3 June 13, 2025) (unpublished), ex-wife appealed a Family Code section 271 sanctions and contractual marital stipulation fee award of $193,000 (out of a requested $234,000), inclusive of some appellate fees for husband winning a prior appeal.  Appellant’s appeal was unsuccessful.  With respect to fee entitlement, she could not attack the marital stipulation entered as a judgment through a collateral attack below, but only through an appeal which was not done.  (Hobbs v. Duff, 43 Cal. 485, 490 (1872).)   With respect to the appellate fees, ex-husband’s counsel was candid with the lower court that the appellate fees motion was untimely, but counsel lobbied for an extension and was granted fees—implicitly showing the extension was granted.