Consideration Of Equitable Factors Other Than Disparity and Ability To Pay Are Not Allowable Under Section 2030.
In Marriage of Saedi v. Kadivar, Case No. B340089 (2d Dist., Div. 2 June 23, 2025) (unpublished), the lower court denied a Family Code section 2030 needs-based fee request by ex-wife in connection with child support modification proceedings. The denial was reversed and remanded. The problem was that, under recent amendments to section 2030, the lower court failed to make findings about the ability to pay. Under the amendments, a family law judge must make findings on disparity in access and ability to pay, with the failure to make findings being reversible error if the error is prejudicial. It likely was, because the record suggested ex-husband did have the ability to pay. However, the interesting part of the decision is that other equitable factors other than disparity or ability to pay are irrelevant. Here is what the appellate panel had to say: “The statute’s requirement of a finding that a fees award is ‘appropriate’ is therefore limited to factors relating to disparity to access and ability to pay for legal representation. Such an interpretation of section 2030 is consistent with other provisions of the statute. Section 2030, subdivision (a)(1), mandates the trial court to ensure each party has access to legal representation to preserve each party’s rights by ordering one party to pay the other party whatever amount reasonably necessary based on an income and needs assessment. Thus, if a court could consider equitable factors unrelated to the parties’ disparity in access and ability to pay, this would contravene the statute’s express purpose.”
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