MONETARY SANCTIONS IN A CALIFORNIA DIVORCE

In the context of a California divorce or family law case, monetary sanctions refer to financial penalties or fines imposed by the court against one or both of the parties for various reasons. These sanctions are usually intended to discourage improper behavior, ensure compliance with court orders, promote fairness throughout the divorce proceedings, and remunerate a party for attorney fees they have been compelled to expend due to the other party’s conduct. 

When do Monetary Sanctions Happen in a California Divorce?

The specific amount and nature of monetary sanctions can vary depending on the circumstances and the judge’s discretion. The court will consider factors such as the severity of the violation, the financial ability to comply of the offending party, the impact of the violation on the other party, and whether the sanctions requested are reasonable and tethered to attorney fees expended by the aggrieved party. Here are a few scenarios where monetary sanctions may come into play:

VIOLATION OF COURT ORDERS:

If one party fails to comply with court orders, such as not paying spousal support or child support as ordered, the court may impose monetary sanctions if a motion is filed to enforce or determine arrearages.

NON-DISCLOUSURE OF FINANCIAL INFORMATION:

In California divorces, both spouses are required to provide full and accurate financial disclosures within statutory time periods. If one party fails to timely disclose financial information, the court may impose monetary sanctions as a penalty.

FRIVOLOUS MOTIONS OR ACTIONS:

If a party engages in repeated or unnecessary motions or actions that waste the court’s time or increase litigation costs, the court may order monetary sanctions against that party. 

CONTEMPT OF COURT:

If a party acts in contempt of court by intentionally disobeying court orders or engaging in disruptive behavior during the divorce proceedings, the court may impose monetary sanctions as part of a contempt sentence. 

What Are the Different Kinds of Monetary Sanctions?

In a California divorce and family law case, monetary sanctions can take various forms depending on the specific circumstances and the judge’s discretion. Here are some examples of monetary sanctions that can be imposed:

ATTORNEY’S FEES:

Generally, monetary sanctions in a family law case must be tethered to the actual attorney fees expended by the party requesting monetary sanctions. When monetary sanctions are requested, the court must consider whether monetary sanctions ordered against the payor will impose an unreasonable financial burden.

BREACHES OF FIDUCIARY DUTIES:

In California, spouses owe each other fiduciary duties when dealing with community property, just like business partners owe each other fiduciary duties when dealing with business property.  As such, if the court determines that a spouse has breached a fiduciary duty to the other spouse, the court may order up to 100% of the value of the subject community property.

CONTEMPT PENALTIES:

If a party is found in contempt of court for willfully disobeying court orders or engaging in disruptive behavior, the court may impose monetary sanctions as part of the sentence.

DISCOVERY: 

Discovery disputes are common in California divorce and family law proceedings.  When these disputes are litigated, the court may, and sometimes must, order reasonable attorney fees payable to the prevailing party.

SANCTIONS AGAINST AN ATTORNEY: 

Monetary sanctions can be imposed upon a party for the conduct of their attorney.  Also, there are motions available that permit the court to order monetary sanctions directly against an attorney.

How Can a Family Law Attorney Help Me with Monetary Sanctions in a California Divorce?

Our experienced family law attorneys at Antonyan Miranda can provide valuable assistance when it comes to dealing with monetary sanctions in a California divorce. Here are some ways in which we can help:

LEGAL GUIDANCE:

Our attorneys specialize in family law and divorce proceedings in California and have a deep understanding of the State’s laws and regulations regarding monetary sanctions. We can explain the relevant legal principles, educate you on your rights and obligations, and help you navigate the complex legal system.

ASSESSMENT OF SANCTION APPLICABILITY:

Our attorneys will review the circumstances of your case and determine whether seeking monetary sanctions is appropriate. We will evaluate the facts, gather necessary evidence, and assess the strength of your claim for sanctions. This analysis can help you make informed decisions about pursuing or defending against monetary sanctions.

NEGOTIATION AND SETTLEMENT:

In some cases, our attorneys may engage in negotiations with the other party or their attorney to reach a settlement regarding monetary sanctions. We will advocate on your behalf, present your case persuasively, and work towards a resolution that is fair and reasonable.

REPRESENTATION IN COURT:

If the issue of monetary sanctions proceeds to court, our attorneys will represent you during the proceedings. We will present evidence, make legal arguments, and advocate for your position effectively. Having one of our attorneys by your side can significantly improve your chances of achieving a favorable outcome.

Antonyan Miranda can provide crucial support and expertise throughout the process of dealing with monetary sanctions in a California divorce. We can protect your rights, advocate for your best interests, and help you navigate the legal complexities involved. It’s essential to consult with a knowledgeable family law attorney who can provide personalized advice based on the specifics of your case.