Stipulated Judgment providing that spousal support would terminate if Wife remarried within a certain period or if her new husband’s income exceeded $400,000 is sufficient to waive the automatic termination through Family Code Section 4337 even if it does not expressly mention it.
Family Law Case Updates
Courts will not consider support modifications on a “de novo” basis, even if the parties stipulate to it. The moving party always has the burden to show a change of circumstances.
Likelihood of future abuse is not required to obtain a domestic violence restraining order.
Wife failed to introduce direct evidence to support her claim. Oral testimony was insufficient.
There was no meeting of the minds of the parties relative to the terms of a post-nuptial agreement.
Interest in corporation was a right to reimbursement not an interest in the entity.
The work of Husband and Wife during the marriage created a potential interest in husband's separate property business.
The fee award was particularly proper due to the likelihood of Wife's success.
Once the divorce action was filed, the divorce court acquired jurisdiction over property in hands of others.
The joinder of a third party is required before his rights can be adjudicated.