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Marriage of Adams
Sanctions can be awarded to party whose attorney is working on contingency basis.
Family Law Jul. 19, 1999
Marriage of Medlin
Cohabitation for 7 years after minor reaches adulthood ratifies otherwise voidable marriage between adult and minor.
Family Law Jul. 15, 1999
Marriage of Whealon
Non-custodial father has burden to challenge custody arrangement where wife intends to relocate
Family Law Jul. 15, 1999
Kilroy v. Superior Court (Winter)
Under child support order statute, California courts lack jurisdiction to modify support order of another state.
Family Law Jul. 14, 1999
Marriage of Peters
Proof of separation by preponderance of evidence is appropriate since couple's economic interests are identical.
Family Law Jul. 13, 1999
Marriage of Ostrander
Lack of spousal support award at dissolution doesn't preclude jurisdiction to award support five years later.
Family Law Jul. 13, 1999
Marriage of Drake
Mother's action against ex-husband to modify child support order does not abate with her death.
Family Law Jul. 12, 1999
Marriage of Gowan
Trial court retains jurisdiction to award part of husband's pension plan pursuant to earlier dissolution judgment.
Family Law Jul. 9, 1999
Ruisi v. Thieriot
Reference to special master of all custody issues is overbroad and unauthorized by statute.
Family Law Jul. 8, 1999
Marriage of Lautsbaugh
Termination of child support doesn't constitute change of circumstances justifying increase in spousal support.
Family Law Jul. 7, 1999
Elden v. Superior Court (Elden)
Arbitration award settling marital property rights can't be confirmed until parties submit financial disclosure declarations.
Family Law Jul. 6, 1999
County of Placer v. Andrade
Court cannot disregard overtime pay from support calculation merely because it occurs sporadically.
Family Law Jul. 6, 1999
Marriage of Iberti
Spousal support irrevocably terminates when wife stops attending college pursuant to marital settlement agreement.
Family Law Jul. 6, 1999
Guardianship of Kaylee J.
Non-parent guardian appointment is fatally flawed by inconsistent order to develop reunification plan for mother.
Family Law Jul. 6, 1999
Robert J. v. Leslie M.
Despite tests disproving paternity, appellant's prior admission of fatherhood precludes relitigating issue.
Family Law Jul. 5, 1999
Marriage of Lloyd
Trial judge has no authority to appoint guardian to 'make orders' relating to child custody.
Family Law Jul. 2, 1999
Marriage of Fell
Impermissible waiver of mandatory exchange of declarations disclosing assets and liabilities requires setting aside dissolution.
Family Law Jul. 1, 1999
Marriage of Mallory
Court can enter dissolution judgment after death of party if issues submitted before party's death.
Family Law Jun. 30, 1999
Marriage of Hinman
Child support award based on earning capacity isn't limited to cases involving parental bad faith.
Family Law Jun. 30, 1999
Marriage of Varner
Husband's lack of accurate and complete disclosure of assets during dissolution warrants setting aside judgment.
Family Law Jun. 29, 1999
Alexandria S. v. Pacific Fertility Medical Center Inc.
Child conceived by artificial insemination by donor cannot sue clinic for failing to certify consent signatures.
Family Law Jun. 29, 1999
Marriage of Walrath
Separate property contribution to community property acquisition carries through to property purchased later with proceeds.
Family Law Jun. 26, 1999
Tanner v. Tanner
Ex-husband isn't required to pay ex-wife's attorney fees after unsuccessfully challenging marital settlement agreement.
Family Law Jun. 26, 1999
Walrath v. Walrath
Right to reimbursement after dissolution attaches only to property involving separate contributions.
Family Law Jun. 26, 1999
U.S. v. Elam
Prenuptial is used in determining apportionment of divorced couple's overpayment from tax return during marriage.
Family Law Jun. 25, 1999
Sosnick v. Sosnick
Trial court lacks jurisdiction to consolidate and adjudicate tort claim with closed dissolution proceeding.
Family Law Jun. 24, 1999
Jesse C., a Minor
In a dependency proceeding, court may relieve minor's counsel from case where adoption is imminent and all legal issues have been resolved.
Family Law Jun. 24, 1999
Marriage of Burgard
Imposition of additional sanctions on former spouse isn't abuse of discretion by trial court when spouse files frivolous motion.
Family Law Jun. 24, 1999
Marriage of Purnel
California courts can order Native American to pay child support and attorney fees in dissolution action.
Family Law Jun. 24, 1999
Marriage of Beck
Trial court doesn't have jurisdiction to award additional spousal support 16 years after original order ends.
Family Law Jun. 23, 1999