Perow
Perow v. Uzelac (In re Perow)
Opinion
Lead Opinion
Hoffstadt, J.
*986 When a party to a dissolution proceeding moves to modify an existing order, the other party may ask the court for "affirmative relief" in a responsive pleading, but only if that relief is "alternative to that requested by the moving party" and "on the same issues raised by the moving party." ( Fam. Code, § 213, subd. (a).) 1 Is a responding party's request for sanction-based attorney fees under section 271 a request for "affirmative *987 relief"? We conclude that it is not. Accordingly, and because the appealing party's other challenge lacks merit, we affirm the award of sanctions in the form of attorney fees in this case.
FACTS AND PROCEDURAL BACKGROUND
I. Facts
Richard Uzelac (husband) and Catherine Perow (wife) got married in November 2000. At that time, wife knew that husband was a convicted sex offender, but she did not know the details of the underlying crime-namely, that he had molested his stepdaughter for several years, from when she was 8 to 12 years old. Husband and wife had a daughter in 2007. They separated in May 2008.
II. Procedural Background
A. Dissolution of marriage
Wife filed for dissolution of her marriage in July 2009, seeking custody of their…