Marriage of Sherr CA3

BACKGROUND

Cynthia and David Sherr (Wife and Husband) married in 1989 and have four daughters. Wife filed a petition to dissolve the marriage in 2009, and they separated on March 10, 2011. The parties stipulated to an order requiring Husband to pay $486 in spousal support and $1,987 in child support each month starting in May 2011. After proceedings not challenged in this appeal, Wife, on September 27, 2011, filed a motion seeking: (1) exclusive use and possession of (a) a Lexus, (b) a Dodge truck, and (c) a boat and trailer, (2) to establish support arrearages totaling $11,152, and (3) for attorney fees under Family Code sections 271 and 2030. She stated that she needed the vehicles for transportation and desired to sell the boat and trailer to pay living expenses and attorney fees. The hearing was set for October 26, 2011, and Wife served the notice of hearing on Husband. On October 6, 2011, the trial court granted Wife’s request for a domestic violence restraining order, requiring Husband to stay away from Wife for three years. Husband stated his response was due on October 12, 2011, but Husband failed to file a timely response on the merits to Wife’s September 27, 2011,…