Marriage of M.A. and M.A.

INTRODUCTION

This case presents a harsh reminder of the severe consequences that may result from a judicial officer’s failure to properly handle a statement of disqualification filed under Code of Civil Procedure section 170.3, subdivision (c)(1). M.A. (father) appeals from postjudgment orders: an order dated October 25, 2013, awarding M.A. (mother) $6,500 in attorney fees under Family Code section 2030 and November 22, 2013, orders determining the amount of child support he must pay and other matters.

As to the October 25 order, father contends the court abused its discretion in awarding the fees because of mother’s superior financial condition and higher percentage of parenting time. We conclude father has not met his burden of establishing a clear abuse of discretion and affirm this order.

Father contends the November 22 orders were invalid because, among other reasons, the commissioner who made it was disqualified under Code of Civil Procedure section 170.3, subdivision (c)(4). We agree and, therefore, we reverse these orders and remand the matter to the superior court for further proceedings.

BACKGROUND

Father and mother divorced in 2004. They have two children.…