| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
A138872
|
Daugherty v. Daugherty
Father’s derivative disability benefits do not count as income for purposes of calculating father's child support obligations. |
Family Law |
|
Dec. 17, 2014 | |
|
G048551
|
Marriage of McHugh
Father must pay child support based on income at previous job, from which he was terminated, when mother proves his ability and opportunity to work. |
Family Law |
|
Nov. 30, 2014 | |
|
B257385
|
Leslie O. v. Superior Court (Thomas O.)
Trial court should have granted mother’s request to have child custody evaluator removed because record was replete with evidence of evaluator’s bias against mother. |
Family Law |
|
Nov. 25, 2014 | |
|
G048888
|
Helgestad v. Vargas
Father may be entitled to credit for actual, in-the-home child support provided to children during period of reconciliation with mother when parents lived together. |
Family Law |
|
Nov. 19, 2014 | |
|
B251636
|
Marriage of Schu
Trial court retains authority to award long-term spousal support where marital settlement agreement provided it with jurisdiction until wife's release from prison. |
Family Law |
|
Nov. 12, 2014 | |
|
D064816
|
Marriage of Fajota
Joint legal custody award is inappropriate where trial court failed to apply presumption regarding father, who committed domestic violence within preceding five years. |
Family Law |
|
Oct. 30, 2014 | |
|
B247885
|
Eneaji v. Ubboe
Ex-wife may obtain permanent domestic violence prevention restraining order against ex-husband, even though he had not abused her for three years. |
Family Law |
|
Sep. 25, 2014 | |
|
D064097
|
S.A. v. Maiden
Husband may not sue attorney for malicious prosecution for her actions in initiating and maintaining wife’s requests for domestic violence restraining orders. |
Family Law |
|
Sep. 14, 2014 | |
|
B247085
|
Marriage of Kelkar
Wife’s conviction involving domestic violence creates presumption that she is not entitled to spousal support, even though husband originally agreed to support. |
Family Law |
|
Sep. 10, 2014 | |
|
A140155
|
Christina L. v. Chauncey B.
Mother who was granted domestic violence restraining order within prior five years is entitled to rebuttable presumption that father should not have custody of children. |
Family Law |
|
Sep. 9, 2014 | |
|
B242123
|
J.M. v. G.H.
Mother may relocate to Israel with son during school year, despite father’s objections, because she has a stronger connection with the child. |
Family Law |
|
Sep. 8, 2014 | |
|
A137861
|
Keisha W. v. Marvin M.
California may modify Texas custody order because California is child’s ‘home state,’ and mother continued living there although father later took child to Nevada. |
Family Law |
|
Sep. 8, 2014 | |
|
F068323
|
Marriage of Evans
Husband and wife may enter agreement regarding their interest in home after separation and before petition for dissolution, without first exchanging disclosure declarations. |
Family Law |
|
Sep. 1, 2014 | |
|
D064097
|
S.A. v. Maiden
Husband may not sue attorney for malicious prosecution for her actions in initiating and maintaining wife’s requests for domestic violence restraining orders. |
Family Law |
|
Aug. 24, 2014 | |
|
B242123
|
J.M. v. G.H.
Mother may relocate to Israel with son during school year, despite father’s objections, because she has a stronger connection with the child. |
Family Law |
|
Aug. 6, 2014 | |
|
A137771
|
Gou v. Xiao
Trial court improperly finds mother was not a victim for purposes of restraining order when she alleged specific facts about husband’s abuse of her and son. |
Family Law |
|
Aug. 5, 2014 | |
|
D064955
|
E.M., a Minor
Court properly denies mother’s petition to free children from father’s custody and control because she failed to show father intended to abandon their children. |
Family Law |
|
Aug. 5, 2014 | |
|
B249255
|
Marriage of Daly and Oyster
Ex-wife may enforce mediated, unfiled marital settlement agreement after dismissal of first divorce petition, because agreement was not protected by mediation privilege. |
Family Law |
|
Jul. 29, 2014 | |
|
C074384
|
Guardianship of A.L.
Trial court fails to conduct full evidentiary hearing before terminating guardianship of two minors where no evidence, witness testimony or arguments were presented. |
Family Law |
|
Jul. 23, 2014 | |
|
H039209
|
Nevarez v. Tonna
Woman correctly obtains restraining order against former boyfriend based on past abuse, because evidence regarding probability of future abuse is not required. |
Family Law |
|
Jul. 2, 2014 | |
|
H038737
|
Pangilinan v. Palisoc
Mother may seek genetic testing to prove former lover is her child’s natural father, after family court mistakenly denied her initial request for testing as untimely. |
Family Law |
|
Jul. 1, 2014 | |
|
B238067
|
Marriage of Williamson
Cash advances to son from wealthy parents must be included in family court’s calculation of child support obligations because they were not considered loans. |
Family Law |
|
Jun. 13, 2014 | |
|
D063424
|
Gonzalez v. Rebollo
California family court has authority to modify child support order, which was issued in Mexico, because father failed to show he still had 'residence' in Mexico. |
Family Law |
|
Jun. 2, 2014 | |
|
S193990
|
Marriage of Valli
Life insurance policy that was purchased with community property funds during marriage remains as such after divorce, because it was never ‘transmuted’ into separate property. |
Family Law |
|
May 16, 2014 | |
|
B248629
|
Jason P. v. Danielle S.
Sperm donor, who maintained father-son relationship with child, may establish parentage, although child was conceived via in vitro fertilization using his donated sperm. |
Family Law |
|
May 15, 2014 | |
|
C065210
|
Marriage of Moore
After divorce, trial court may reserve its jurisdiction to perform an in-kind division of retiree medical reimbursement account upon ex-husband’s retirement. |
Family Law |
|
May 12, 2014 | |
|
B249141
|
Marriage of Boswell
Mother may not seek to enforce child support arrearage judgment after unjustly concealing children from father for nearly 15 years. |
Family Law |
|
Apr. 29, 2014 | |
|
D063857
|
Marriage of Haugh
California court loses authority to reduce child support payments because parents and child lived in other states when father sought reduction. |
Family Law |
|
Apr. 25, 2014 | |
|
B246494
|
Drescher v. Gross
Parents may contractually agree to make order for adult child support non-modifiable to restrict court's authority to alter college expense obligation. |
Family Law |
|
Apr. 14, 2014 | |
|
G049307
|
Marriage of Lin
Ex-husband has 180 days, rather than 60 days, to appeal domestic violence restraining order, which was improperly served, even if he was present at hearing on order. |
Family Law |
|
Apr. 11, 2014 |
