Top 40 Family Law Cases |
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1. |
Aufmuth, In re Marriage of (1979) 89 CA3d 446, 152 CR 668, 1979 CFLR 1058, CFLP §M.95. The First District held that the postseparation increase in the value of shares of corporate stock represented earnings of the corporation, not earnings of the employee-spouse, and thus the increase was community property. [full text] |
2. |
Brown, In re Marriage of (1976) 15 C3d 838, 126 CR 633, 544 P2d 561, CFLP §L.4.4. The Supremes held that nonvested pension benefits earned during marriage are divisible community property. [full text] |
3. |
Burchard v. Garay (1986) 42 C3d 531, 229 CR 800, 724 P2d 486, 1986 CFLR 3233, FIRST ALERT #F-86-240, CFLP §G.133.2. The California Supreme Court held that the changed-circumstances rule is inapplicable where no prior judicial custody determination has been made. [full text] |
4. |
Burgess, In re Marriage of (1996) 13 C4th 25, 51 CR2d 444, 913 P2d 473, 1996 CFLR 7157, FIRST ALERT #F-96-748, CFLP §G.138.15. The Supremes held that a custodial parent who has a good-faith reason for wanting to move with a child does not need to prove that the move is necessary; the standard is the child's best interests. [full text] |
5. |
Chakko, In re Marriage of (2004) 115 CA4th 104, 8 CR3d 699, 2004 CFLR 9553, FIRST ALERT #F-2004-1129, CFLP §D.122.0.4. In affirmance, Second District held that the trial court did not err in imposing an issue sanction that set monthly income for a father at $40,000 when he failed to produce income records sought in discovery. [full text] |
6. |
Damico, In re Marriage of (1994) 7 C4th 673, 29 CR2d 787, 872 P2d 126, 1994 CFLR 6247, FIRST ALERT #F-94-649, CFLP §G.156.1.2.50. A majority of the California Supreme Court held 6-1 that a custodial parent who actively conceals herself or himself and a child from the noncustodial parent (despite reasonable efforts to locate them) until the child reaches majority is estopped from collecting child-support arrearages that accrue during the period of concealment. [full text] |
7. |
DaSilva v. DaSilva (2004) 119 CA4th 1030, 105 CR2d 923, 2001 CFLR 8729, FIRST ALERT #F-2001-996, CFLP §E.23.9.4.1. In partial reversal, the Fourth District held that timeshare must be based on the calculation of the approximate percentage of time that a parent has primary physical responsibility for a child, and may include school hours. [full text] |
8. |
Duke, In re Marriage of (1980) 101 CA3d 152, 161 CR 444, 1980 CFLR 1298, CFLP §K.56.0.1 et seq. The Fourth District held that the trial court must defer sale of the family home where adverse effects on the in-spouse and the children from the sale are not outweighed by the economic detriment to the out-spouse of deferral. [full text] |
9. |
Epstein, In re Marriage of (1979) 24 C3d 76, 154 CR 413, 592 P2d 1165, 1979 CFLR 1086, CFLP §J.86.5. The Supremes held that postseparation payments on community debts from separate property are reimbursable to the paying spouse. [full text] |
10. |
Fonstein, In re Marriage of (1976) 17 C3d 738, 131 CR 873, 552 P2d 1169, CFLP §N.132. The California Supreme Court held that it was error for the trial court to consider potential tax consequences in valuing and dividing community property. [full text] |
11. |
Gillmore, In re Marriage of (1981) 29 C3d 418, 174 CR 493, 629 P2d 1, 1981 CFLR 1662, CFLP §L.132.1. The Supremes held that a nonemployee-spouse may elect to take an immediate distribution of his or her community-property share of vested retirement benefits even if the employee-spouse elects not to retire at the earliest retirement age. [full text] |
12. |
Heikes, In re Marriage of (1995) 10 C4th 1211, 44 CR2d 155, 899 P2d 1349, 1995 CFLR 6841, FIRST ALERT #F-95-715, CFLP §J.11.5.3.5. The California Supreme Court held that applying Fam C §2640 retroactively to property acquired before January 1, 1984, is an unconstitutional violation of due process. [full text] |
13. |
Henn v. Henn (1980) 26 C3d 323, 161 CR 502, 605 P2d 10, 1980 CFLR 1300, CFLP §L.220 et seq. The state high court held that community assets that are not divided in a disso may be partitioned in a separate civil action. [full text] |
14. |
Imperato, In re Marriage of (1975) 45 CA3d 432, 119 CR 590, CFLP §M.87. The Second District held that a corporation in which one spouse holds all the shares may be treated as a sole proprietorship, and thus much of the postseparation increase in the value of the corporation is the shareholder-spouse's separate property. [full text] |
15. |
Kulko v. Superior Court (Horn) (1978) 436 US 84, 98 SCt 1690, 56 LEd2d 132, 1978 CFLR 1143, CFLP §B.8. A U.S. Supreme Court majority held 6-3 that a state does not have personal jurisdiction per long-arm statutes over a family law respondent absent sufficient minimum contacts between the respondent and the state. [full text] |
16. |
LaMusga, In re Marriage of (2004) 32 C4th 1072, 12 CR3d 356, 88 P3d 81, 2004 CFLR 9617, FIRST ALERT #F-2004-1143, CFLP §G.138.15. In reversal, a California Supreme Court majority (6-1) held that a noncustodial parent who opposes a custodial parent's move must show that the move would cause detriment to the child, after which the trial court must evaluate all relevant factors to determine whether it is in the child's best interests to order a change of custody. [full text] |
17. |
MacDonald, Estate of (1990) 51 C3d 262, 272 CR 153, 794 P2d 911, 1990 CFLR 4465, FIRST ALERT #F-90-440, CFLP §J.48.0.5. A California Supreme Court majority held that a wife's signature on a form consenting to the designation of another beneficiary did not constitute a transmutation of IRA accounts to her husband's separate property. [full text] |
18. |
Marsden, In re Marriage of (1982) 130 CA3d 426, 181 CR 910, 1982 CFLR 1934, FIRST ALERT #F-82-1, CFLP §K.55.1. The First District held that premarital appreciation of a separate-property residence is separate property; appreciation during marriage must be apportioned between community and separate property. [full text] |
19. |
Marvin v. Marvin (Marvin I) (1976) 18 C3d 660, 134 CR 815, 557 P2d 106, 1977 CFLR 1002, CFLP §§U.31.5–U.51. The California Supreme Court held that express or implied oral agreements to pool property are enforceable in equity unless they are made for the purpose of providing sexual services. [full text] |
20. |
McCarty v. McCarty (1981) 453 US 210, 101 SCt 2728, 69 LEd2d 589, 1981 CFLR 1650, CFLP §L.87. A U.S. Supreme Court majority held 6-3 that the supremacy clause precludes states from dividing federal military retirement pay in state disso proceedings. [full text] |
21. |
Mix, In re Marriage of (1975) 14 C3d 604, 122 CR 79, 536 P2d 479, CFLP §J.79.10. The California Supreme Court held that a “separatizer” must prove that sufficient separate-property funds were available at the time of a purchase, and that he or she intended to and did use such funds for that purchase. [full text] |
22. |
Modnick, In re Marriage of (1983) 33 C3d 897, 191 CR 629, 663 P2d 187, 1983 CFLR 2234, FIRST ALERT #F-83-60, CFLP §T.33. The state high court held that concealment of community-property assets by one spouse is extrinsic fraud that justifies setting aside a judgment, even if the other spouse is represented by counsel. [full text] |
23. |
Montenegro v. Diaz (2001) 26 C4th 249, 109 CR2d 575, 27 P3d 289, 2001 CFLR 8798, FIRST ALERT #F-2001-1010, CFLP §G.133.3. The California Supreme Court held that a stipulated custody order is a final judicial custody determination only if the parties affirmatively indicate that it is intended to be so; the best-interests test is valid where the stipulation of the parties did not include such an affirmation. [full text] |
24. |
Moore, In re Marriage of (1980) 28 C3d 366, 168 CR 662, 618 P2d 208, 1980 CFLR 1458, CFLP §K.55. The Supremes held that the community-property interest in a separate-property residence is limited to the paydown of the principal balance on the loan. [full text] |
25. |
Morrison, In re Marriage of (1978) 20 C3d 437, 143 CR 139, 573 P2d 41, 1978 CFLR 1038, CFLP §F.76. The California Supreme Court held that a court may not terminate jurisdiction over spousal support in a marriage of long duration absent evidence that the supported spouse will be self-supporting by the date of termination. [full text] |
26. |
Olson, In re Marriage of (1980) 27 C3d 414, 165 CR 820, 612 P2d 910, 1980 CFLR 1362, CFLP §J.99.4. The state high court held that it was error not to reopen a case after trial to redivide assets where an asset was lost to foreclosure before entry of the judgment. [full text] |
27. |
Pereira v. Pereira (1909) 156 C 1, 103 P 488, CFLP §M.72. The California Supreme Court held that a spouse who owns a separate-property business is entitled to a fair return on that property; the balance of value is attributable to the community. [full text] |
28. |
Richmond, In re Marriage of (1980) 105 CA3d 352, 164 CR 381, 1980 CFLR 1357, CFLP §F.72. The First District held that the trial court may order spousal support to terminate on a date certain, unless the payee brings a motion prior to the termination date requesting that support continue. [full text] |
29. |
Rosen, In re Marriage of (2002) 105 CA4th 808, 130 CR2d 1, 2003 CFLR 9241, FIRST ALERT #F-2004-1151, CFLP §M.48.5. In partial reversal, the Fourth District held that the trial court erred by basing the valuation of goodwill of the husband's law practice on only one year's income. [full text] |
30. |
See v. See (1966) 64 C2d 778, 51 CR 888, 415 P2d 776, CFLP §J.80. The Supremes held that a spouse tracing separate-property funds in a commingled account must show either that there was an agreement to reimburse the separate-property funds or that community expenses exceeded community income at the time the asset was acquired.[full text] |
31. |
Silberg v. Anderson (1990) 50 C3d 205, 266 CR 638, 786 P2d 365, 1990 CFLR 4277, FIRST ALERT #F-90-417, CFLP §A.103.0.0.1.5. The state high court held that the CC §47(b) litigation privilege is absolute; there is no “interest of justice” exception. [full text] |
32. |
Smith v. Lewis (1975) 13 C3d 349, 118 CR 621, 530 P2d 589, CFLP §A.87.0.5. A California Supreme Court majority held 5-2 that an attorney was liable for malpractice for failing to assert a community-property claim to retirement benefits, despite the fact that, at the time, it was legally unclear whether the benefits were divisible. [full text] |
33. |
Stenquist (Stenquist I), In re Marriage of (1978) 21 C3d 779, 148 CR 9, 582 P2d 96, 1978 CFLR 1198, CFLP §L.33. A California Supreme Court majority held 6-1 that disability pay that replaces the community portion of longevity benefits that would have been received had disability not been elected is divisible community property. [full text] |
34. |
Sullivan, In re Marriage of (1984) 37 C3d 762, 209 CR 354, 691 P2d 1020, 1985 CFLR 2698, FIRST ALERT #F-85-148, CFLP §§M.67.10–M.67.12. The state high court held that the community has a reimbursable interest in one spouse's professional education where the parties separated before the community could reap the benefits from that education. [full text] |
35. |
Tammen, In re Marriage of (1976) 63 CA3d 927, 134 CR 161, 1977 CFLR 1050, CFLP §N.168. The First District held that a promissory note taken to equalize the division of property must be discounted and valued at the current market value of a promissory note. [full text] |
36. |
Van Camp v. Van Camp (1921) 53 CA 17, 199 P 885, CFLP §M.73. The Second District held that the community is entitled to fair compensation for efforts in running a separate-property business; the balance of any increase is separate property. [full text] |
37. |
Vomacka, In re Marriage of (1984) 36 C3d 459, 204 CR 568, 683 P2d 248, 1984 CFLR 2522, FIRST ALERT #F-84-123, CFLP §F.72.2. A California Supreme Court majority held 5-2 that if the right to request spousal support continues to a date certain, the trial court has jurisdiction to extend support beyond that date. [full text] |
38. |
Watts, In re Marriage of (1985) 171 CA3d 366, 217 CR 301, 1985 CFLR 2910, FIRST ALERT #F-85-183, CFLP §J.89.5. The Fifth District held that the trial court may order a spouse to reimburse the community for exclusive use of the family home and a community-property business from the date of separation to trial. [full text] |
39. |
Williams, In re Marriage of (2001) 88 CA4th 808, 15 CR3d 59, 2004 CFLR 9667, FIRST ALERT #F-2004-1151, CFLP §G.138.39. The Second District held that the trial court is not permitted to make an order that allows only two of the parties' four children to move with the mother unless compelling circumstances and the best interests of the kids require that they be separated. [full text] |
40. |
Wilson, In re Marriage of (1988) 201 CA3d 913, 247 CR 522, 1988 CFLR 3698, FIRST ALERT #F-88-327, CFLP §F.79.0.0.1. The Fourth District held that the trial court may terminate spousal support, despite the payee's disability, in a marriage of short duration. [full text] |
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41. |
Aloy v. Mash (1985) 38 C3d 413, 212 CR 162, 696 P2d 656, 1985 CFLR 2754, FIRST ALERT #F-85-159, CFLP §A.87.1.15. A California Supreme Court majority held 4-3 that an attorney's alleged malpractice in failing to claim a community-property interest in a pre-Fithian I military pension is a question for the jury. [full text] |
42. |
Andreen, In re Marriage of (1978) 76 CA3d 667, 143 CR 94, 1978 CFLR 1046, CFLP §F.70. The Third District held that the failure of the underlying assumptions of a spousal-support award may constitute a change of circumstances that justifies a modification. [full text] |
43. |
Aylesworth, In re Marriage of (1980) 106 CA3d 869, 165 CR 389, 1980 CFLR 1365, CFLP §E.31. The Second District held that an order that required a wealthy noncustodial parent to pay his son's private-school tuition was not based solely on the ability to pay where the son needed special care not provided in public school; the trial court could refuse to order private school for a second child who did not have similar special needs. [full text] |
44. |
Baragry, In re Marriage of (1977) 73 CA3d 444, 140 CR 779, 1977 CFLR 1199, CFLP §J.93. The Second District held that a husband's contacts with his wife and the family home supported a finding that the date of separation was four years later than the husband alleged; the date of separation is a factual question. [full text] |
45. |
Beam v. Bank of America (1971) 6 C3d 12, 98 CR 137, 490 P2d 257, CFLP §§M.84–M.84.2. The California Supreme Court held that an increase in the value of community property is presumed to be community; community-property living expenses must be deducted from community-property income to determine the amount of community property left for acquiring assets. [full text] |
46. |
Benson, In re Marriage of (2005) 36 C4th 1096, 32 CR3d 471, 116 P3d 1152, 2005 CFLR 10056, FIRST ALERT #F-2005-1206, CFLP §J.48.15. In reversal, the California Supreme Court held that an alleged oral agreement between spouses whereby the husband transferred his community interest in the family home in exchange for the wife's promise to relinquish her community interest in his retirement accounts in a subsequent writing is not enforceable as a transmutation absent writing. [full text] |
47. |
Birnbaum, In re Marriage of (1989) 211 CA3d 1508, 260 CR 210, 1989 CFLR 4093, FIRST ALERT #F-89-385, CFLP §G.133.1.2. The First District held that an order modifying a “co-parenting residential arrangement” is not a change of custody that requires a finding of changed circumstances. [full text] |
48. |
Bouquet, In re Marriage of (1976) 16 C3d 583, 128 CR 427, 546 P2d 1371, CFLP §J.91. The California Supreme Court held that then-current CC §5118 (now Fam C §771) could be applied retroactively to render as separate property what one spouse earned and accumulated prior to the effective date of amendments to CC §5118. [full text] |
49. |
Buol, In re Marriage of (1985) 39 C3d 751, 218 CR 31, 705 P2d 354, 1985 CFLR 2949, FIRST ALERT #F-85-186, CFLP §§J.11.5 – J.11.5.0.2. The state high court held that applying then-current CC §4800.1 (now Fam C §§2580 and 2581) retroactively to a case on appeal on the effective date of CC §4800.1 unconstitutionally denied due process. [full text] |
50. |
Burkle (Burkle II), In re Marriage of (2006) 139 CA4th 712, 43 CR3d 181, 2006 CFLR 10305, FIRST ALERT #F-2006-1243, CFLP §J.80.3.0.5. The Second District held that the presumption of undue influence does not apply to interspousal transactions in which both spouses obtain advantages, and that the statutes requiring an exchange of PDDs and FDDs do not apply to post-marital agreements entered into in contemplation of reconciliation. [full text] |
51. |
Burlini, In re Marriage of (1983) 143 CA3d 65, 191 CR 541, 1983 CFLR 2317, FIRST ALERT #F-83-59, CFLP §F.53.1. The First District held that when the trial court set permanent spousal support, it had properly relied on the factors in then-current CC §4801(a)(1)–(10) (now Fam C §4320(a)–(j)) rather than using county temporary spousal-support guidelines. [full text] |
52. |
Carrieres v. Commissioner (9 Cir 1977) 552 F2d 1350, 1977 CFLR 1134, CFLP §N.139. The Ninth Circuit held that a pre-1985 division of community property where some separate property was used to equalize the division was tax-free if the taxable event occurred only as to the separate-property portion. [full text] |
53. |
Catalano, In re Marriage of (1988) 204 CA3d 543, 251 CR 370, 1988 CFLR 3816, FIRST ALERT #F-88-342, CFLP §E.74.2. The First District held that the parties' standard of living during marriage is not applicable to child-support modifications; a child-support order must consider a high-earning noncustodial parent's “conceded wealth,” not just the child's needs. [full text] |
54. |
Cueva, In re Marriage of (1978) 86 CA3d 290, 149 CR 918, 1979 CFLR 1002, CFLP §A.21. The Fourth District held that there is no rule that attorneys' fees that exceed 3% of the value of community property are unreasonable. [full text] |
55. |
Davis, United States v. (1962) 370 US 65, 82 SCt 1190, 8 LEd2d 335, CFLP §N.126. The U.S. Supreme Court held that a transfer of appreciated separate property to a spouse to settle marital claims was taxable (pre-DRTRA) to the transferor. [full text] |
56. |
Fabian, In re Marriage of (1986) 41 C3d 440, 224 CR 333, 715 P2d 253, 1986 CFLR 3046, FIRST ALERT #F-86-212, CFLP §J.11.5.3. The state high court held that applying then-current CC §4800.2 (now Fam C §2640) to cases pending on January 1, 1984 (the effective date of CC §4800.2) was an unconstitutional impairment of vested rights.[full text] |
57. |
Fellows, In re Marriage of (2006) 39 C4th 179, 46 CR3d 49, 138 P3d 200, 2006 CFLR 10357, FIRST ALERT #F-2005-1252, CFLP §S.25.0.5. The California Supreme Court held that Fam C §4502(c), which precludes a parent from raising laches as a defense to a private child-support enforcement action, applies retroactively. [full text] |
58. |
Fithian (Fithian II), In re Marriage of (1977) 74 CA3d 397, 141 CR 506, 1977 CFLR 1224, CFLP §§N.79, S.140. The Third District held that a spouse may be held in contempt for failing to divide property in kind with the other spouse, per court order; the trial court can order one party to endorse a community-property check and pay the funds into the court. [full text] |
59. |
Hebbring, In re Marriage of (1989) 207 CA3d 1260, 255 CR 488, 1989 CFLR 3986, FIRST ALERT #F-89-364, CFLP §F.76.2. The First District held that it was reversible error for the trial court to retain open-ended jurisdiction over spousal support in a marriage of short duration where the spouses were self-supporting. [full text] |
60. |
Hewitson, In re Marriage of (1983) 142 CA3d 874, 191 CR 392, 1983 CFLR 2274, FIRST ALERT #F-83-58, CFLP §§M.67.2, M.67.3. The Second District held that a closely held business cannot be valued by the same methods used for valuing public companies; the value of a closely held corporation may be determined by investment value rather than market value. [full text] |
61. |
Hoffmeister (Hoffmeister II), In re Marriage of (1987) 191 CA3d 351, 236 CR 543, 1987 CFLR 3354, FIRST ALERT #F-87-272, CFLP §§F.97.1.1, F.97.2. The First District reversed a spousal-support order where the trial court's statement of decision was not supported by the evidence. [full text] |
62. |
Hopkins, In re Marriage of (1977) 74 CA3d 591, 141 CR 597, 1977 CFLR 1222, CFLP §J.84.1.3. The Second District held that a debt unrelated to the community and incurred after separation is a separate debt. [full text] |
63. |
Hug, In re Marriage of (1984) 154 CA3d 780, 201 CR 676, 1984 CFLR 2442, FIRST ALERT #F-84-109, CFLP §L.109.1. The First District held that stock options may be apportioned by the time-rule formula or by any other method that will achieve an equitable allocation. [full text] |
64. |
Kennedy, In re Marriage of (1987) 193 CA3d 1633, 239 CR 151, 1987 CFLR 3445, FIRST ALERT #F-87-287, CFLP §§F.37.3, F.37.4. The Fourth District held that the supported spouse need not invest her share of community proceeds in income-producing property, but the trial court, when modifying spousal support, can consider the payee's assets and how they are used; the panel also said that it was OK for the supported spouse to set aside for retirement a portion of the assets awarded to her in the disso. [full text] |
65. |
Kuppinger, In re Marriage of (1975) 48 CA3d 628, 120 CR 654, CFLP §F.37. The Second District held that the supported spouse need not convert capital assets into income-producing property to qualify for spousal support. [full text] |
66. |
Lopez, In re Marriage of (1974) 38 CA3d 93, 113 CR 58, CFLP §M.50. The Third District held that in valuing goodwill, the trial court must consider fixed assets, aged receivables, costs advanced, work in progress, and other relevant factors. [full text] |
67. |
McElwee, In re Marriage of (1988) 197 CA3d 902, 243 CR 179, 1988 CFLR 3558, FIRST ALERT #F-88-307, CFLP §F.76.0.3. The Second District held that the trial court may terminate spousal support in a long-term marriage where the recipient invested her share of community property unwisely. [full text] |
68. |
Nelson, In re Marriage of (1986) 177 CA3d 150, 222 CR 790, 1986 CFLR 3060, FIRST ALERT #F-86-207, CFLP §N.131.1. The First District held that a husband's exclusive control of community-property stock options was “special economic circumstance” that justified the trial court's consideration of the tax effect of awarding the options. [full text] |
69. |
Norton, In re Marriage of (1988) 206 CA3d 53, 253 CR 354, 1989 CFLR 3914, FIRST ALERT #F-88-353, CFLP §A.18.3.20. The Second District held that fees under then-current CC §4370.5 (part of which became CC §4370.6; now Fam C §271) were OK where the position was unreasonable, but the court may not impose a sanction that constitutes an unreasonable financial burden. [full text] |
70. |
Pendleton and Fireman, In re Marriage of (2000) 24 C4th 39, 99 CR2d 278, 5 P3d 839, 2000 CFLR 8550, FIRST ALERT #F-2000-964, CFLP §U.110.5. A California Supreme Court majority held 6-1 that a waiver of spousal support in a prenuptial agreement is not per se void or unenforceable. [full text] |
71. |
Reifler v. Superior Court (Reifler) (1974) 39 CA3d 479, 114 CR 356, CFLP §F.15. The Second District held that the trial court may decide a motion for a postdisso modification on declarations alone and exclude testimony. [full text] |
72. |
Richardson, In re Marriage of (2002) 102 CA4th 941, 126 CR2d 45, 2002 CFLR 9145, FIRST ALERT #F-2002-1067, CFLP §G.138.37.5. The Second District held that the trial court must give de novo review in a move-away case if the prior order lacks a clear, affirmative indication that the custody provisions in the parties' stipulated disso judgment were intended to be the final custody determination. [full text] |
73. |
Rossi, In re Marriage of (2001) 90 CA4th 34, 108 CR2d 270, 2001 CFLR 8769, FIRST ALERT #F-2001-1005, CFLP §J.80.3.2.15. The Second District held that it was OK for the trial court to award to a husband 100% of the lottery winnings that his wife had intentionally failed to reveal to him before their MSA or disso judgment. [full text] |
74. |
Saslow, In re Marriage of (1985) 40 C3d 848, 221 CR 546, 710 P2d 346, 1986 CFLR 3010, FIRST ALERT #F-86-202, CFLP §§L.41.1.1, L.41.1.1.0. The California Supreme Court held that a portion of disability insurance benefits intended to provide support after retirement was community property; the portion intended to replace lost earnings was separate property. [full text] |
75. |
Schaffer (Schaffer II) , In re Marriage of (1999) 69 CA4th 801, 81 CR2d 797, 1999 CFLR 8145, FIRST ALERT #F-99-888, CFLP §F.97.0.10. The Fourth District held that in spousal-support cases involving a series of postjudgment hearings, the trial court must look at the entire course of conduct, not just the circumstances since the last hearing. [full text] |
76. |
Shupe, In re Marriage of (1983) 139 CA3d 1026, 189 CR 288, 1983 CFLR 2206, FIRST ALERT #F-83-46, CFLP §E.4.1.1. The Fourth District held that evidence regarding a new spouse's earnings is irrelevant in modifying child support where the parent and the new spouse have an agreement that the income of each remains his or her separate property. [full text] |
77. |
Stallworth, In re Marriage of (1987) 192 CA3d 742, 237 CR 829, 1987 CFLR 3409, FIRST ALERT #F-87-278, CFLP §K.58.1.4. The First District reversed a Duke order where there was no evidence presented at trial to support a Duke finding (economic detriment doesn't outweigh adverse psychological effect). [full text] |
78. |
Stitt, In re Marriage of (1983) 147 CA3d 579, 195 CR 172, 1984 CFLR 2394, FIRST ALERT #F-83-79, CFLP §J.84.1.0. The Fifth District held that the trial court did not err in finding that attorneys' fees that a wife paid near separation for defense in her embezzlement conviction were her separate-property debt, and reimbursable to the community; the wife's conduct didn't benefit the community. [full text] |
79. |
Van Hook, In re Marriage of (1983) 147 CA3d 970, 195 CR 541, 1984 CFLR 2456, FIRST ALERT #F-83-80, CFLP §C.24.0.1. The Third District held that the trial court may enjoin a third party from levying on community property pending a disso, providing that a bond is required. [full text] |
80. |
Zlatnik, In re Marriage of (1988) 197 CA3d 1284, 243 CR 454, 1988 CFLR 3561, FIRST ALERT #F-88-309, CFLP §F.72.2.1.2. The Fourth District held that it was error for the trial court to extend spousal support where a stipulated order contained explicit termination language. [full text] |
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