The Court of Appeal in Orange County reversed a divorce court decision granting father a reduction in child support based on a decrease in father’s monthly employment income.
Family Law Case Updates
Spouses have a mutual fiduciary duty which includes the duty of disclosure. Where one spouse breaches that duty, the other spouse is entitled to damages resulting from the breach.
Where a spouse does not complete their court ordered obligations, the divorce court may require that spouse to pay in court to ensure payment is completed.
The divorce court erred when it denied husband’s request to bifurcate, despite husband’s sufficient supporting reasons and wife’s lack of compelling reasons for denial.
A divorce court may decide whether to consider gifts as income for purposes of calculating child support.
The Court of Appeal in Orange County set aside the divorce court’s default judgment based “on a very slight showing” of inequality.
The Court of Appeal in Orange Country determined that the divorce court erred in failing to consider the spouses’ subjective intent when determining the date of separation in a divorce proceeding.
A divorce court may deviate from the guideline child support formula, but the divorce court must set forth the base amount, the reasons for departing from the guideline, and the reason the ordered amount is in the best interest of the child.
“Anti-heartbalm” statutes prohibit spouses from seeking damages based on intimate promises related to the marital relationship. The Orange County Superior Courts have no jurisdiction to divide marital property where a divorce had been previously filed giving the divorce court jurisdiction.
In considering an extension or change of spousal support, the divorce court may only look to evidence which occurred after the divorce and not reanalyze facts already considered in the divorce judgment.