Skip Navigation
Close Btn

Sanctions One and All: In Re Marriage of Feldman

Sanctions One and All: In Re Marriage of Feldman

IN RE MARRIAGE OF FELDMAN (2007) 153 Cal.App.4th 1470 is a wake-up call to anyone who has not yet taken seriously the Family Code’s financial dis­closure requirements (and its resulting sanctions when those requirements are nor met). A party to a dissolution proceeding who attempts to avoid full financial disclosure invites specific Family Code (“FC”) sanctions and attorney fees awards. The PC’s disclosure requirements, sanctions and fee awards complements the FC §271 sanctions and FC §2030 need-based fee awards. They are separate, and potentially far more powerful, than those set forth in the Code of Civil Procedure’s (“CCP’s”) discovery statutes.

Feldman focuses on the FC’s duty of disclosure during dissolution proceedings and confirms the consequences of breach­ing those duties. The trial court found that the husband (the “husband”) established a “pattern” of financial non-disclosures and issued sanctions against him. These sanctions were set in an amount the court deemed sufficient to deter future non­-compliance with the disclosure require­ments of FC §§721, 2100, 2120, and llO0(e), a