INEFFECTIVE ASSISTANCE OF COUNSEL IN FAMILY LAW PROCEEDINGS In the recent case of In re Marriage of Campi, 212 Cal.App.4th 1565 (2013), husband and wife of a twenty-year marriage decided to separate, and then disputed over the dissolution of their marriage for the following seven years. The husband requested a community property home become his
UNINTENTIONAL WAIVER OF THE ABILITY TO MODIFY A SPOUSAL SUPPORT ORDER In the recent case of In re Marriage of Hibbard, 212 Cal.App.4th 1007 (2013), the court refused to modify a spousal support order to an amount less than $2,000 per month, despite husband’s proven disability. The parties divorced in 2002, after thirty years of
Yes. In the case of Moore v. Bedard (2013) ____ Cal. App. 4th ___, in 2006, Wife requested domestic violence restraining orders to protect her from Husband who is the father of their three children. Her request for DVPO’s also asked for child custody, visitation and child support orders that would modify orders entered in
In the recent case of Marriage of Adams & A, (2012) ___ Cal. App. 4th ___, on appeal, the Appellate Court determined that the Child Custody Evaluator (“Expert”) (i.e. Evid. Code 730 Expert) took a biased approach against the father evidenced through the recommendations of unreasonable burdens placed on the father to spend time with
Ex-husband was paying spousal support to ex-wife and filed a motion to terminate his spousal support order because his ex-wife and her new mate had a “commitment ceremony.” Normally, upon the remarriage of the supported spouse, the other party’s duty to continue to pay support is automatically terminated. The Court of Appeals held that in
In the case of Burnham v. CalPERS, (2012) 208 Cal. App. 4th 1576, the parties did not register their domestic partnership during the lifetime of one of the partners. The Court of Appeal ruled that if a domestic partnership is not registered with the Secretary of State until after the passing of one of the
The case of Marriage of Richmond, (1980) 105 Cal.App.3d 352 generally holds that the Court has jurisdiction to set step down of spousal support payable to the supported spouse on a date certain. Within that order, the Court will indicate that the supported spouse has the burden to prove thereafter, that such order should not
In 2011, the California Court of Appeals in In Re Marriage of Gruen, (2011) 191 CA4th 627, held that the Trial Court lacked jurisdiction to retroactively modify a temporary spousal support order retroactively upon receipt of additional information. From a practical standpoint, the court needs to enter temporary support orders to maintain the status quo.
The short answer is yes. In the case of Marriage of Wilson & Bodine, (2012) 207 Cal. App. 4th 768, a child support order was previously set through a paternity case when the parties had a child together prior to marriage. The parties subsequently married. Therefore, the obligee (parent receiving child support) sought to enforce
Default Judgments – Trial Courts Must Carefully Examine Petitioner’s Complaint A default judgment in dissolution of marriage cases is a judgment attained when the respondent does not respond to the case and the petitioner files a request with the court to move forward in the case without the respondent’s involvement. The word “default” is literally