In Re Marriage of Hobdy

Appellant Waymon Hobdy, Jr., (husband) appeals from those portions of a December 10, 2002, order which awarded pendente lite child and spousal support and attorney’s fees to respondent Norma Patricia Hobdy (wife). Husband contends: (1) the trial court lacked jurisdiction to reconsider a prior order that denied attorney’s fees; (2) the amount of child and spousal support awarded was not supported by substantial evidence; and (3) the trial court abused its discretion by refusing husband’s request to continue the hearing. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

The parties were married on April 15, 1992, and had two children together: Jazmyn, born January 1993, and Jozlyn, born June 1997. On June 12, 2002, husband filed a petition for dissolution. Wife was personally served with the petition on June 23, 2002. On July 25, 2002, husband’s request to enter wife’s default was granted.

On September 6, 2002, wife filed a motion to set aside the default and requested sanctions and attorney’s fees in the amount of $2,750 pursuant to Family Code sections 271 and 2030. She argued that husband had given her an open extension of time to plead. Husband opposed relief from default…