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Marriage of Seaton
Under California and Nevada law, bigamous marriage is void from its inception, even if trial court has not declared marriage void.
Family Law Nov. 9, 2011
Marriage of Guilardi
Family court properly dismisses wife’s request for pendente lite attorney fees based on implicit waiver of fees in marital settlement agreement.
Family Law Nov. 8, 2011
L.K. v. Golightly
Parent must seek judicial review of Child Support Services Dept. decision by filing petition for writ of mandate, not tort action.
Family Law Oct. 28, 2011
Hoag v. Diedjomahor
Court properly grants visitation to grandparent, whose adult child had died, over surviving parent’s objection because reasons for objecting were not credible.
Family Law Oct. 17, 2011
L.K. v. Golightly
Parent must seek judicial review of Child Support Services Dept. decision by filing petition for writ of mandate, not tort action.
Family Law Sep. 27, 2011
Neil S. v. Mary L.
Alleged father does not have due process right to opportunity to develop relationship with children based on assertion that his relationship with them began in utero.
Family Law Sep. 19, 2011
Marriage of Margulis
Upon showing of value of community assets by nonmanaging spouse, burden shifts to managing spouse to prove proper disposition or lesser value of assets.
Family Law Sep. 12, 2011
Marriage of Cryer
Trial court properly declines to order severe reduction of child support where special circumstances warranted deviation from normal formula.
Family Law Aug. 30, 2011
Marriage of Margulis
Upon showing of value of community assets by nonmanaging spouse, burden shifts to managing spouse to prove proper disposition or lesser value of assets.
Family Law Aug. 29, 2011
Marriage of La Moure
Father's due process rights are not violated where financial institution provided obligor with sufficient notice of levy on individual retirement account rollover.
Family Law Aug. 25, 2011
Marriage of Ramirez
Court may not vacate family law attorney’s real property lien attached to community property where attorney is not joined in proceedings.
Family Law Aug. 23, 2011
Marriage of Bodo
‘Material’ change in circumstances is same as ‘substantial’ change in circumstances for purposes of modifying child support.
Family Law Aug. 15, 2011
Marriage of Ramirez
Court may not vacate family law attorney’s real property lien attached to community property where attorney is not joined in proceedings.
Family Law Aug. 12, 2011
Marriage of Margulis
Upon showing of value of community assets by nonmanaging spouse, burden shifts to managing spouse to prove proper disposition or lesser value of assets.
Family Law Aug. 12, 2011
Marriage of Tong and Samson
Court improperly allocates severance pay to single month where parties’ stipulated support order based monthly income on spouse’s commissions, not bonuses.
Family Law Jul. 19, 2011
Marriage of Tong and Samson
Court improperly allocates severance pay to single month where parties’ stipulated support order based monthly income on spouse’s commissions, not bonuses.
Family Law Jul. 6, 2011
Jacob A. v. C.H.
In considering request to relocate with minor child, court must analyze issue based on presumption that requesting parent will be moving.
Family Law Jul. 1, 2011
Turner v. Rogers
State is not required to provide counsel at civil contempt proceeding, but must have procedures assuring fair determination of parent’s ability to pay support order.
Family Law Jun. 20, 2011
Avalos v. Perez
Court may not renew restraining order for only two years where statute mandates five year or permanent extension.
Family Law Jun. 15, 2011
Guardianship of Christian G.
Probate court errs in granting guardianship of child without referring case to Child Protective Services as required under statute.
Family Law Jun. 1, 2011
Marriage of Howell
Court errs in applying amended statute retroactively to invalidate spousal support waiver, which party entered into voluntarily.
Family Law May 25, 2011
Adoption of B.C.
Action to set aside adoption based on extrinsic fraud is time-barred because it was not filed within three years of adoption order.
Family Law May 23, 2011
Marriage of Valli
Court mischaracterizes life insurance policy purchased during marriage as community property where wife took sole title with husband’s consent.
Family Law May 19, 2011
Kevin Q. v. Lauren W.
Court properly considers funds regularly received by former wife as ‘income’ for purposes of determining whether attorney fees should be awarded.
Family Law May 16, 2011
Guardianship of Christian G.
Probate court errs in granting guardianship of child without referring case to Child Protective Services as required under statute.
Family Law May 13, 2011
Marriage of Davenport
Substantial evidence supports sanctions award under Family Code Section 271 where attorney increased litigation costs and mistreated opposing counsel.
Family Law May 6, 2011
Marriage of Greenberg
Husband’s appeal, which was based on facts not credited by trial court following sanction order, is frivolous.
Family Law Apr. 29, 2011
Mark T. v. Jamie Z.
When parent makes request to relocate child, court must consider custody arrangement in minor’s best interest, not whether parent is permitted to move.
Family Law Apr. 29, 2011
Marriage of Ruiz
Portion of workers' compensation permanent disability award received during marriage, which is intended to pay for lost earnings, is community property.
Family Law Apr. 17, 2011
F.T. v. L.J.
Custodial parent does not have presumptive right to change child’s residence absent final determination of custody arrangement.
Family Law Apr. 6, 2011