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Webb v. Webb
Family Code Section 271's sanction provisions only meant to accomplish fee-shifting as between parties to litigation; non-parties may not avail themselves of the section.
Family Law Jun. 13, 2017
Stover v. Bruntz
Awarding father retroactive child care credits for time period before father filed motion to modify support violates statutory scheme and is in excess of court's jurisdiction.
Family Law Jun. 1, 2017
Marriage of Grissom
Domestic violence restraining order properly denied where applicant was initial aggressor and alleged abuser was merely defending himself from her aggressive actions.
Family Law Jun. 1, 2017
Marriage of Janes
Family court properly granted ex-wife's request for Qualified Domestic Relations Order reflecting her entitlement to gains and losses for award held in ex-husband's retirement account.
Family Law May 25, 2017
Marriage of Stupp and Schilders
When there is no pending motion for support, 'good cause' does not exist to justify order requiring wife to submit to vocational examination under Family Code Section 4331.
Family Law May 22, 2017
Marriage of Minkin
Husband's requirement to pay portion of his 'annual bonus' to ex-wife include only discretionary payment based on performance and not all payments above base pay.
Family Law May 22, 2017
Marriage of Grissom
Domestic violence restraining order properly denied where applicant was initial aggressor and alleged abuser was merely defending himself from her aggressive actions.
Family Law May 17, 2017
Howell v. Howell
States may not order indemnification to non-military divorced spouse for reduction in military retirement pay caused by veteran's waiver of pay made to obtain disability benefits.
Family Law May 16, 2017
Gabrielle A. v. County of Orange
No contest plea entered in dependency court determined not to be entered under coercion is properly considered in subsequent civil trial challenging, among other things, jurisdiction of previous case.
Family Law Apr. 21, 2017
In re J.S.
Juvenile court erred by prohibiting mother from testifying about son's siblings at parental rights termination hearing, as statutory sibling relationship exception could have applied to proceedings.
Family Law Apr. 19, 2017
In re Marriage of Huntley
Trial court errs in denying wife's motion to adjudicate omitted community property, where court retains continuing jurisdiction even after entry of default judgment dissolving marriage.
Family Law Apr. 18, 2017
Jason P. v. Danielle S.
Court errs by considering that presumed parent would take counseling class in future in determining whether parent rebutted presumption against custody in light of past domestic violence.
Family Law Mar. 20, 2017
Y.R. v. A.F.
Family court errs in failing to explain deviation from statutory child support guideline, as child is likely entitled to more due to who parent is 'extraordinarily high income earner.'
Family Law Mar. 17, 2017
In re M.R.
Juvenile court appropriately grants presumed father status to man, despite lack of continuous living arrangement, due to strong relationship with minor.
Family Law Feb. 10, 2017
Marriage of Schleich
Award for husband's breaches of fiduciary duty under Family Code Section 1101 overturned where post-separation disclosure violations had no impact on community estate.
Family Law Feb. 9, 2017
C.M. v. M.C.
Gestational carrier unsuccessful in challenging parentage of intended father and in attacking constitutionality of surrogacy agreements in California.
Family Law Jan. 29, 2017
In re Carl H.
Court errors in deeming father 'non-offending custodial parent' as evidence shows that father's living situation put minor in presence of methadone and marijuana.
Family Law Jan. 25, 2017
In re M.R.
Juvenile court appropriately grants presumed father status to man, despite lack of continuous living arrangement, due to strong relationship with minor.
Family Law Jan. 23, 2017
Anna M. v. Jeffery E.
Trial court has discretion to not consider regular financial support provided to mother as 'income' in child support case.
Family Law Jan. 12, 2017
Marriage of McLain
Family court properly ordered retired firefighter to pay monthly spousal support to wife given her age, which greatly outweighs statute's goal of becoming self-supporting.
Family Law Jan. 8, 2017
Sagonowsky v. Kekoa
Family Code Section 271 sanctions awarded against ex-wife for driving up costs of litigation overturned because sanctions were unrelated to attorney fees and costs.
Family Law Dec. 22, 2016
Marriage of Schu
Spousal support properly denied to wife based on evidence of domestic abuse she perpetrated on her children to facilitate ongoing sexual abuse of her son's friend.
Family Law Dec. 19, 2016
Kirkpatrick v. County of Washoe
Department of Social Services' failure to train employees on need to obtain warrants for removals constitutes 'official policy' under Monell, meriting reversal of summary judgment against 4th Amendment claim.
Family Law Dec. 12, 2016
Marriage of Schu
Spousal support properly denied to wife based on evidence of domestic abuse she perpetrated on her children to facilitate ongoing sexual abuse of her son's friend.
Family Law Dec. 6, 2016
In re Marriage of Usher
In light of father's overall wealth, decrease in his income from employment is not material change of circumstances warranting modification of existing child support payment.
Family Law Dec. 5, 2016
Marriage of Wilson
Father ordered to pay child support arrears may be eligible for equitable relief as minor resided with father's parents for majority of childhood, not with mother.
Family Law Nov. 24, 2016
Marriage of Fregoso and Hernandez
Restraining order properly issued despite parties' post-TRO consensual sex, which was part of their six-year repeated cycle of violence, forgiveness, sex, and repeated violence.
Family Law Nov. 17, 2016
In re Marriage of Cassinelli
Trial court errs in awarding civilian spouse spousal support rather than damages following ex-husband's waiver of military retirement pay in favor of veteran's disability benefits.
Family Law Nov. 3, 2016
Marriage of Wilson
Father ordered to pay child support arrears may be eligible for equitable relief as minor resided with father's parents for majority of childhood, not with mother.
Family Law Oct. 30, 2016
S.P. v. F.G.
Court within discretion to order $14,000 monthly child support payments, $64,000 below initial request, as value appropriately matches father's 'station in life.'
Family Law Oct. 30, 2016