“The Primary Purpose . . . Was To Ruin [Former Husband And His New Wife] Financially.” The Trial Court.
The trial court ordered a former wife to pay her former husband $151,967 and his new wife $124,352 both as sanctions under Family Code section 271 and to pay for their attorney fees pursuant to Family Code section 2030. The trial court described the proceedings as a “morass of litigation, the primary purpose of which was to ruin [former husband and his new wife] financially.” The trial court further found the former wife had “no concern about the level of her attorney fees because her father was committed to paying those fees and costs whatever the amount,” and considered the father’s payments as part of the wife’s income. There was evidence the lawyers for the former wife sent their bills directly to the former’s wife’s father, who paid them, and who was resolved to continue paying them. To date, they were up to $400,000. In affirming, the Court of Appeal found no abuse of discretion, that the awards were proper under Family Code section 2030, and that there was no need to decide whether they were also proper under Family Code section 271. (In re Marriage of Smith (Cal. App. Fourth Dist., Div. 2; November 20, 2015) 242 Cal.App.4th 529.)