Marriage of Shega CA4/1

INTRODUCTION

Melinda Shega (Wife) appeals from an order denying her request for attorney fees and costs in an action to enforce an order for spousal support against John Shega (Husband) pursuant to Family Code section 3557.1 Wife asserts the trial court abused its discretion by erroneously adding a requirement of need to determining an award of attorney fees under section 3557. We see no error in the trial court’s analysis and affirm the trial court’s order.

FACTUAL AND PROCEDURAL BACKGROUND

After 35 years of marriage, Husband and Wife separated in 2018. Wife then filed for divorce. They agreed to use a privately compensated temporary judge for the divorce proceedings. In March 2019, the trial court entered a stipulation and order appointing retired Judge William Howatt, Jr. as a temporary judge pursuant to article VI, section 21 of the California State Constitution and California Rules of Court, rule 2.831. The stipulation and order of appointment granted Judge Howatt authority to “exercise all powers and duties of a San Diego Superior Court Judge.” The parties expressly agreed to pay the fees for the court reporter and the temporary judge “from a community source.” At the…