Marriage of Bailey and Nation CA2/8

FACTS AND PROCEDURE

Nation and Bailey, who divorced in 2007, have one child. (In re Marriage of Bailey & Nation (Jan. 14, 2013, B236851) [nonpub. opn.] (Bailey I).) In September 2011, the trial court ordered Nation to pay $10,000 in attorney fees to Bailey. We reversed that order in an opinion filed January 14, 2013. (Bailey I, supra, B236851.) We explained that there was no evidence Nation had the ability to pay the attorney fee award and “Nation‟s mother could not be ordered under [Family Code] section 2030 to finance her ex-son-in-law‟s litigation.” (Ibid.) While Bailey I was pending, on March 15, 2012, the trial court ordered Nation to pay Bailey‟s attorney $10,000 to assist with the appeal in Bailey I. The trial court found that “there is a disparity in access to funds to retain counsel, and that the Respondent [Nation] has access to funds, based upon the amount of attorney‟s fees that have been paid by her, or paid on her behalf, in the past.” The court further indicated it would not permit discovery by either party until Nation paid Bailey‟s attorney. The court recognized that this second order was based on the same reasoning as its first (the one then pending on appeal)…