Case Updates

• “Badgering” is Legally Insufficient, by Itself, to Support the Issuance of a Restraining Order Under the Domestic Violence Prevention Act
• A 180-Day Deadline for an Appeal Applies Where a Motion is Denied but No Notice Was Served
• A Breach of a Fiduciary Duty Did Not Occur Notwithstanding a Huge Windfall to One Spouse in the Divorce
• A Business Valuation Divorce Trial May Not Be Reopened When the “New” Evidence Was Known at the Time of Divorce Trial
• A Business Which is Dependent on a Spouse’s Efforts is to be Valued on the Date of Separation
• A California Court Will Not Enforce a Foreign Dowry Agreement that Benefits a Party Who Initiates Dissolution of the Marriage
• A Change in Circumstances May be Based on an Increased Ability to Pay and a Showing That a Spouse’s Needs at the Time of the Separation Were Not Met with the Initial Order
• A Change in the Economic Situation of the Parties Since the Initial Spousal Support Order May Result in a Decrease of the Spousal Support Obligation
• A Child Support Order Does Not Automatically Terminate on the Death of the Custodial Parent, Even if the Supporting Parent Assumes Child Custody
• A Child’s Support Needs are Measured by the Parents’ “Current Stations in Life”
• A Couple’s Date of Separation Occurs When Either of the Parties Does Not Intend to Resume the Marriage and His or Her Actions Signal the Finality of the Marital Relationship
• A Court Has No Authority to Require Disbursement of Retirement Benefits Other Than as Set Forth in the Pension Plan
• A Court is Authorized to Enter an Order to Transfer Title Pursuant to a Stipulation in Proceedings Under the Domestic Violence Prevention Act
• A Court May Issue a Mutual Domestic Violence Restraining Order Under the Domestic Violence Prevention Act Only if Both Parties Have Filed for Such Relief
• A Court May Not Enforce an Arbitration Clause for a Dispute Arising Out of a Separate Business Transaction With a Client When the Clause Does Not Explain What Disputes Are Covered
• A Criminal Conviction of Domestic Violence Shall be Considered by a Divorce Court in Determining The Amount of a Spousal Support Award Order
• A Custodial Parent Who Has the Practical Day-To-Day Responsibility of a Child Will be Credited Time-Share Hours for Day Care
• A Declaration of Paternity Trumps the Boyfriend’s Rebuttable Presumption of Paternity.
• A Default Divorce Should not be Granted Where (1) Service is Improper, (2) a Party’s Divorce Attorney Fails to Represent Him or Her, or (3) Where a Party’s Attorney Takes Unfair Advantage of the Other Side
• A Determination of a Material Change of Circumstances Relative to a Modification of a Spousal Support Obligation is Dependent on the Intent and Reasonable Expectations of the Parties as Expressed in their Divorce Agreement
• A Divorce Court Acts in Excess of its Jurisdiction by Entering a Mutual Restraining Order Without Making Statutorily-Required Findings of Fact that Both Parties Acted as Aggressors and that Neither Party Acted in Self-Defense
• A Divorce Court Cannot Determine a Child Support Order Based on Including Prior Cash Advances as Current Income
• A Divorce Court May Choose to Calculate Marital Standard of Living Based on the Combined Marriage Income Versus Community’s Expenditures
• A Divorce Court May Consider a Couple’s Savings in Determining the Appropriate Marital Standard of Living and Spousal Support Obligation
• A Divorce Court May Exclude Recurrent Gifts from Income for Calculating Child Support where the Gifts Come from a Non-Family Member and the Party Does Not Work for the Gift
• A Divorce Court May Impute Income to a Parent Where the Parent Voluntarily Divested Himself of Earning Capacity Required to Pay Child Support
• A Divorce Court May Not Base A Child Custody Order On the Relative Economic Circumstances of the Parties
• A Divorce Court May Not Consider a Recipient Spouse’s Support of an Adult Child when Determining the Spouse’s Need for Spousal Support Purposes
• A Divorce Court Must Give Effect To The Parties’ Mutual Intent Relative to the Interpretation of a Marital Settlement Agreement that is Incorporated into a Stipulated Judgment of Divorce
• A Divorce Court Must Use a Representative Period of Time in Determining a Party’s Disposable Income
• A Divorce Court Need Not Accept Tax Returns Provided by a Party if the Presumption of Correctness is Rebutted
• A Divorce Court Should Not Calculate the Purported Rental Value of a Mortgage-Free House as Non-Taxable Income for the Purpose of Calculating Child Support but Should Instead Consider the Mortgage-Free Housing Value as a Special Circumstance
• A Divorce Court Should Not Terminate Jurisdiction Over Spousal Support Unless the Record Clearly Indicates the Supported Spouse Will be Self-Sufficient by that Date
• A Failure to Request a Statement of Decision Results in a Waiver of Such Findings
• A Failure to Request Attorney’s Fees Does Not Result in a Forfeiture of the Ability to Seek Attorney’s Fees After a Family Law Court Issues a Domestic Violence Restraining Order
• A Family Law Court Abuses its Discretion in Granting a Child Custody Order if there is No Reasonable Basis on Which it Could Conclude that its Decision Advanced the Best Interests of the Children
• A Finding of Domestic Abuse Sufficient to Support a DVPA Restraining Order Triggers the Rebuttable Presumption that an Award of Custody of a Child to a Person Who has Perpetuated Domestic Violence is Detrimental to the Best Interest of the Child
• A Finding of Domestic Violence Is Not a Prerequisite for Awarding Spousal Support Under The Domestic Violence Prevention Act
• A Hybrid Apportionment Method may be Used to Achieve Substantial Justice
• A Judge in Family Law Court, Whether Successor or Predecessor, Has Continuing Jurisdiction to Modify A Sealing Order
• A Lump-Sum Severance Payment is Not to be Considered Compensation that is Allocated to a Single Month by a Divorce Court
• A Marital Settlement Agreement Signed Under Duress Will Result in a Rescission of the Contract
• A Non-Competition Order May be Used to Protect a Spouse’s Value in a Business
• A Non-Custodial Parent Has a “Very High” Burden When Seeking a Change in Child Custody and a Move Away
• A Non-Party Does Not Have to be Joined as a Party in a Divorce Proceeding for the Sole Purpose of a Temporary Restraining Order to Issue Against It
• A Parent May be Sanctioned for Bringing a Frivolous Claim with the Divorce Court for Either Improper Motive or Indisputably Having No Merit
• A Parent May Not Divert Income, in Order to Decrease Existing Child Support Obligations
• A Parent Who Stipulates to Being Able to Pay Any Reasonable Child Support Order May be Ordered by the Divorce Court to Pay Above the Child’s Demonstrated Necessities
• A Parent’s Obligation to Pay Child Support Exists Independent of Marital Status
• A Partnership Agreement May Limit the Community’s Interest in the Goodwill of the Company
• A Party Attacking the Validity of a Prenuptial Agreement Has the Burden of Proof
• A Party is Entitled to a Jury Trial if the Penalty for Contempt Exceeds Six Months
• A Party’s Failure to Perform Obligations Under a Premarital Agreement May be a Defense to Enforcing the Premarital Agreement
• A Party’s Right to Retain a Contingent Portion of an Employment Bonus for a Client List Brought to a New Firm is Community Property
• A Permanent Order is to be Based Upon Circumstances Existing at Trial. A Change of Circumstances Occurring Between the Time of the Pendente Lite Order and the Trial is Irrelevant to a Determination of the Amount of Spousal Support
• A Premarital Agreement that Limits Spousal Support and Virtually All Rights Acquired by Marriage is Contrary to Public Policy
• A Premarital Agreement that Provides for Payment of $100,000 Upon Dissolution is Reasonable Considering the Parties’ Circumstances
• A Premarital Agreement Written for a First Marriage Did Dot Apply to Property and Support Issues Arising from the Parties’ Second Marriage to Each Other
• A Protected Party Seeking a Renewal of a Domestic Violence Restraining Order Need Not Have a Fear of Future Physical Abuse
• A Protective Order Under the Domestic Violence Prevention Act is Warranted if a Failure to Make the Order Would Jeopardize the Safety of the Party Seeking the Protective Order
• A Reasonable Fear Of Future Abuse Is Key in Determining Whether to Grant a Renewal of a Domestic Violence Restraining Order
• A Renewal of a Domestic Violence Restraining Order Must be Predicated on the Protected Party’s “Reasonable Apprehension” of Future Abuse
• A Requisite Finding of Parental Unfitness is Necessary to Award Child Custody to a Non-Parent
• A Self-Represented Party Against Whom a Premarital Agreement is Sought to be Enforced Must Also be Advised in Writing and Sign a Written Waiver Regarding the Relinquishment of Rights to a Lawyer
• A Separation Agreement Will Not be Voided as Promotive of Divorce If the Parties Had Previously Decided to Divorce
• A Spouse is Entitled to Receive their Fair Value of Community Property in Addition to Spousal Support Awarded at the Divorce Court’s Discretion
• A Spouse May Not be Compelled to Work Past the Usual Retirement Age of 65 to Pay Spousal Support Obligations that Were Ordered During the Supporting Spouse’s Employment
• A Spouse May Not Sue Former Spouse for Breach of Promise to Marry in Civil Courts. The Divorce Court has Jurisdiction to Divide Property Associated with the Marriage
• A Spouse with a Bonafide Motive for Reducing their Income May Use the Change in Circumstances as a Basis for Reducing their Spousal Support Obligation
• A Spouse’s Subjective Motivation for Reducing Available Income is Irrelevant to the Divorce Court’s Ability to Consider a Payor’s Earning Capacity in Determining Child Support
• A Stepfather’s Acts of Abuse Against a Child’s Father Outside of the Child’s Presence Did Not Amount to Abuse Under the Domestic Violence Prevention Act
• A Trial Court Can Make Past Spousal Support Awards on Equitable Grounds
• A Waiver of Family Code Section 4337 Which Terminates Spousal Support Upon the Supported Spouse’s Remarriage Does Not Need to be Express or Specific
• Abandonment of a Child Does Not Require Permanent Physical Desertion
• Absent a Finding that California Courts are Vested with Exclusive Jurisdiction for Spousal Support, California Trial Court Orders Confirming Registration of Out Of State Support Orders Are Valid
• An Award of Attorney Fees Against a Joined Party May Be Proper
• An Award of Attorney Fees and Costs May Be Reversed if the Amount Shocks the Conscious
• An Award of Attorney’s Fees as Sanctions May be Payable from Spousal Support “Income”
• Awarding Sole or Joint Physical or Legal Child Custody to a Parent Who has Committed Domestic Violence Against the Other Parent is Presumed to be Detrimental to the Best Interests of the Children
• Behavior that Intentionally or Recklessly Causes Bodily Injury, or a Reasonable Fear of Imminent Serious Bodily Injury, or that Disturbs the Peace of the Other Party, Constitutes “Abuse” Under the Domestic Violence Prevention Act
• Biological Paternity is Not Always Relevant in Dependency Proceedings
• Business Valuation Should Not be Adjusted by the Hypothetical Value of an Employment Contract
• Cases In Which A Pendente Lite Child Support Order is Made Are Exempt From the “Five-Year” Rule
• Change In Co-Parenting Residential Arrangement May Not be a Change in Child Custody
• Child Custody Agreements Between Parents do not Bind Divorce Courts
• Child Custody Judgments that are Not Final May be Modified Based on the Best Interests of a Child
• Child Support is Not Always Set at the Guideline Amount
• Conduct that “Destroys the Mental or Emotional Calm of the Other Party” Constitutes “Disturbing the Peace of the Other Party,” and is thus “Abuse,” Under the Domestic Violence Prevention Act
• Conduct that Disturbs the Peace of the Other Party, or that Places the Party in Reasonable Apprehension of Imminent Serious Bodily Injury, Supports a Request for a Restraining Order Under the Domestic Violence Prevention Act
• Contracts Regulating the Marital Relationship That Violate Public Policy Are Unenforceable
• Court Orders Regarding Child Custody, Child Support, or Visitation Survive the Termination of Any Protective Order
• Court Rules that a Contract Between Husband and Wife that Provides for a Payment of Liquidated Damages if One of Them is Sexually Unfaithful to the Other is Unenforceable
• Courts May Take into Consideration Circumstances Under Family Code Section 2032 to Determine a Party’s Ability to Pay Attorney Fees and May Include Gifts as Support or Income in Determining a Party’s Ability to Pay Attorney Fees
• Custodial Parent Does Not Have to Show the Move is Necessary
• Determining Amount Spousal Support Order Divorce Court May Consider Previous Marital Standard Living
• Disturbing the Peace of the Other Party Constitutes Abuse Under the Domestic Violence Prevention Act
• Divorce Court Bases Child Support on an Objectively Reasonable Work Regimen
• Divorce Court May Award Percentage of Parent’s Future Bonuses as Child Support and Spousal Support Payments
• Divorce Court May Utilize a Written Stock Agreement’s “Minority Interest” Discount for Business Valuation
• Divorce Courts Cannot Make Decisions Relative to Move Away Cases Based on the Relative Incomes of the Parties
• Divorce Courts May Impute Income to a Custodial Parent if it is in the Best Interest of the Children
• Evidence Must be Sufficient to Support the Issuance of a Restraining Order Under the Domestic Violence Prevention Act Naming Minor Children as Protected Persons
• Evidence of Mental Abuse May be the Basis for an Order for Protection Under the Domestic Violence Prevention Act
• Evidence Showing that a Party Intentionally or Recklessly Caused, or Attempted to Cause, Serious Bodily Injury, or Reasonable Apprehension of Imminent Serious Bodily Injury, Constitutes Abuse Under the Domestic Violence Prevention Act
• Fairness of the Agreement is Determined at the Time of Execution
• Family Courts Have Jurisdiction to Renew Domestic Violence Restraining Orders Under the Domestic Violence Prevention Act Initially Granted by Juvenile Courts
• Family Courts Have Jurisdiction to Renew Restraining Orders Issued by Juvenile Courts
• Filing a Frivolous Appeal is Not Malpractice as a Matter of Law
• Final Child Custody Orders may be Modified Only if a Substantial Change of Circumstances is Demonstrated
• Financial Disclosure is Mandatory During a Divorce
• Goodwill May Not Include an Expectation of Future Earnings
• Goodwill Must be Valued and Divided
• Goodwill Should be Determined Based Upon a Representative Period of Time
• Husband Breached His Fiduciary Duty When He Lent $1,000,000 After Separation
• Husband’s Corporation’s Increase in Value Was Subject to Wife’s Claim
• If a Spouse Fails to or Delays in Seeking Gainful Employment, a Divorce Court May Deny a Request to Increase a Spousal Support Order
• If Wife Foregoes an Investigation Into the Marital and Separate Property Assets and Accepts a Settlement Agreement, She May Not Later Avoid the Agreement Unless There has Been a Misrepresentation or Concealment of the Facts
• In a Business Valuation Apportionment Matter, a Divorce Court May Utilize a Hybrid Pereira / Van Camp Approach
• In a Divorce a Sanction Award Requires a Specific Factual Basis
• In an Adoption Proceeding When an Unwed Father Has Established that He is the Child’s Natural Parent, He Can Try to Show a Full Commitment to His Parental Responsibilities, Which Could Entitle Him to the Benefit of the “Detriment to the Child Standard”
• In an Orange County Superior Court Divorce, Husband Breached His Fiduciary Duty to Wife When He Made Undisclosed, Unauthorized Transfers of Community Funds to a Self-Directed Trading Account
• In Calculating Child Support Orders, a Divorce Court May Attribute Income to Investment Assets
• In Calculating Child Support Payments, a Parent May be Credited with the Time the Child is in School if That Parent Has Primary Physical Responsibility for the Child
• In Determining a Permanent Spousal Support Award, a Divorce Court Must Exercise its Independent Judgment and Not Simply Comply With the Support Guideline Formula
• In Determining Child Support Orders, a Divorce Court May Impute the Fair Market Value of Rental Properties to Parent’s Income
• In Determining Child Support, a Parent May be Credited with Time the Parent is Not Physically with the Child, if they Have Primary Physical Responsibility of the Child
• In Determining Whether Spousal Support Will Continue a Divorce Court Shall Consider the Totality of the Circumstances
• In re Marriage of Brown & Yana
• Incentive Stock Options and Non-Qualified Stock Options are Considered Part of Parent’s Total Compensation Package for Support Determination Purposes
• Increase in a Parent’s Home Equity is Not Income For the Purpose of Calculating Child Support
• Joinder of Attorney in a Family Law Matter Was Mandatory When Making Orders Re: Validity of Family Law Attorney Real Property Lien (FLARPL)
• Joinder of Third Parties in a Divorce Proceeding Who Claim an Interest in Contested Property Was Proper
• Judgment Spousal Support May Not be Retroactive to the Date the Petition was Filed Unless the Spouse Had Previously Requested Temporary Spousal Support
• Life Insurance Purchased During Marriage in One Party’s Name is Community Property in a Divorce
• Living Apart is a Threshold Requirement to “Being Separated” in a Divorce
• Mediation Privilege is Fully Applicable in a Divorce
• Noncompliance of a Party or Court Clerk With Statutory Notice Requirements Does Not Render a Judgment Void
• Only Business Goodwill May be Divided
• Only Evidence After the Initial Divorce Judgment is to be Considered in Determining a “Material Change in Circumstances” in Regards to Spousal Support
• Parent Does Not Have Right Divest Themselves Their Earning Ability Expense Their Children Or Former
• Parents Cannot Prevent the Divorce Court from Allowing a Custodial Parent to Relocate with a Child
• Parties May Not Contract Away the Change-of-Circumstances Requirement for Child Support Modifications
• Parties May Not Stipulate to the Standard of Review to Be Used When Modifying a Child Support Order
• Parties Who Do Not Regularly Reside in the Same Household Cannot be Considered “Cohabitants” Within the Meaning of the Domestic Violence Prevention Act
• Per Family Code Section 4251 a Parent’s Failure to Object Prior to the Hearing Before the Second Commissioner Precludes Him from Seeking De Novo Review by a Judge
• Petitioner Entitled Jury Trial If Penalty Exceeds Six Months
• Proceeds Received from Sale of Stock in Business Were Not Included as Income for Support Purposes When They Were Reinvested
• Proof of Cohabitation Establishes a Rebuttable Presumption of a Decreased Need for Support
• Publicly Traded Companies and Privately Held Companies are Valued Differently
• Reasonable Proof of a Past Act or Acts of Abuse Warrants a Restraining Order Under the Domestic Violence Prevention Act
• Reasonable Self-Defense is a Defense to a Claim of Abuse Under the Domestic Violence Prevention Act
• Reduction in Employment Income Alone May Not Constitute a Material Change in Circumstances for Child Support Where a Parent Has Other Income Producing Assets and the Ability to Pay
• Reoccurring Gifts of Money May be Considered Income in Calculating Child Support Orders
• Section 11350 of the Welfare and Institutions Code Provides for Retroactive Reimbursement
• Service of Preliminary Disclosure is Not Required if Agreement Predates the Filing of Petition for Divorce
• Since the Acquisition of Property Preceded the Effective Date of the Statute, Reimbursement of Separate Property Contributions was Not Allowed
• Structured Annuity Payments as Compensation for Personal Injury Do Not Constitute Income for the Purpose of Determining Child Support Payments
• Successful Tracing Does Not Rebut the Community Property Presumption
• Sworn Statements from Husband and Wife that they Executed a Premarital Agreement Sufficed as an “Acknowledgment” of a Marriage Contract as Required under the Civil Code
• Termination of Parental Rights Terminates Child Support Obligations as A Matter of Law
• The Act of Purposefully Sending a Video of a Mock Suicide to a Spouse Constituted Conduct that Would Disturb the Peace of the Other Party Under the Domestic Violence Prevention Act
• The Amount of Temporary Spousal Support is Not Restricted to an Amount Necessary to Maintain a Frugal Marital Standard of Living if it Was Lower than the Spouse’s Financial Circumstances During the Marriage Would Have Allowed
• The Burden on a Non-Custodial Parent to Prevent a Move Away is to Show that the Move Would be Detrimental to the Child
• The Community Acquires a Right to Reasonable Compensation from Community Efforts Devoted to Separate Property, if the Business Has Increased in Value During the Marriage and the Increase was Due Primarily to the Efforts of the Spouse
• The Community is Entitled to Reasonable Compensation for a Spouse’s Efforts Towards a Separate Property Business
• The Copyright Act Expressly Provides for Co-Ownership as Well as Transfer of All or Part of a Copyright
• The Court Can Order Sanctions Against Both Litigants and Attorneys for Frivolous Appeals
• The Court Cannot Look to a Partner’s Earning Capacity and Expectation of Future Income to Determine Goodwill in a Partnership
• The Court May Use the Average of Alternate Valuation Methods to Value Goodwill
• The Court Need Not Find Bad Faith Before it Can Consider a Parent’s Ability to Earn in Setting the Amount of Child Support
• The Court of Appeal in Orange County Held That a Party Need Not Prevail on All Issues in Order to Receive An Award of Attorney’s Fees From a Joined Party
• The Court of Appeal in Orange County Ruled that a Change in the Form or Size of a Separate Property Business During Marriage Does Not Change its Character from Separate to Community Property
• The Court of Appeal in Orange County Ruled that Husband Breached His Fiduciary Duty to Wife When He Made an Undisclosed and Unauthorized Contribution of Community Funds to a Self-Directed Trading Account
• The Court of Appeal in Orange County Ruled that Only Slight Evidence is Necessary to Bifurcate the Issue of Marital Status
• The Court of Appeal in Orange County Ruled that Speculative Noncompetition Agreements Should Not be Considered in Business Valuation
• The Court Offers Advice on Drafting Postmarital Agreements
• The Court Shall Reserve Jurisdiction to Divide Assets with an Uncertain Value
• The Definition of “Abuse” Under the Domestic Violence Prevention Act is Not Limited to the Infliction of Physical Injury or Assault
• The Divorce Court Does Not Have Jurisdiction to Order a Parent to Create a Trust Account as a Form of Child Support Payments
• The Divorce Court Found that Conclusory Accusations Do Not Constitute Evidence Sufficient to Support a Finding of Abuse
• The Divorce Court Has the Power to Order a Spouse to Pay or Deliver Property to a Third Party to Ensure Payment is Executed
• The Divorce Court is Not Required to Take New Evidence and Continually Redistribute Community Assets Until a Judgment is Formally Entered
• The Divorce Court is Not Required to Use the Value Set Forth in a Partnership Agreement
• The Divorce Court May Apportion the Increase in the Value of a Separate Property Business Using a Compromise Formula
• The Divorce Court May Award a Business to One Spouse even if Neither Spouse Wants the Business
• The Divorce Court May Consider a Parent’s Ability to Earn in Determining Child Support Awards
• The Divorce Court May Grant Temporary Spousal Support Pending the Final Determination of an Out-of-State Divorce
• The Divorce Court Will Not Enforce an Agreement that is Signed as a Result of Duress
• The Domestic Violence Prevention Act Was Enacted to Protect Domestic Partners from Abusive Conduct that Causes Severe Emotional Distress
• The Effectiveness of a Domestic Violence Restraining Order Under the Domestic Violence Prevention Act is a Satisfactory Reason to Permit its Renewal
• The Evidence Code Section 621 Presumption of Paternity Does Not Automatically Apply to Every Paternity Case
• The Family Law Court May Not Exercise its Discretion by Treating Spousal Support as Gross Income Which the Legislature Has Excluded from Gross Income
• The Goal of the Interpretation of a Divorce Agreement is to Meet the Parties Mutual Intentions
• The Issuance of a Mutual Restraining Order Under the Domestic Violence Prevention Act Requires that a Party Acted Primarily as an Aggressor, and Not in Self-Defense
• The Mental Capacity Required to File for Legal Separation is Much Lower than the Mental Capacity Required to Enter Contracts
• The Natural Enhancement of Separate Property During Marriage is Separate Property
• The Orange County Court of Appeal Ruled that a Divorce Court has no Jurisdiction to Modify a Spousal Support Award’s Duration if There is Express Language of Termination
• The Orange County Divorce Court Erred by Using the Husband’s Temporary Support Obligation Figure to Establish Permanent Spousal Support
• The Plain Meaning of the Phrase “Disturbing the Peace of the Other Party” May be Understood to Mean “Conduct That Destroys The Mental Or Emotional Calm Of The Other Party”
• The Proper Date for Valuation of a Law Practice is the Date of Separation
• The Proper Date for Valuation of a Small Law Practice May be the Date of Separation
• The Requirement that a Party Against Whom a Pre-marital Agreement is Sought to be Enforced May or May Not Apply if the Party Has Been Represented by a Lawyer Since the Outset of Negotiating the Premarital Agreement
• The Separate Property Investment in a Separate Property Business is Entitled to a Reasonable Rate of Return
• The Standard for Normal Family Law Custody Modification Applies to a Petition for Termination of Guardianship
• The Value of a Closely Held Corporation is its Investment Value
• The Value of Goodwill Must Not be Based on Post-Marital Efforts
• There is a Limitation on Discovery Where a Parent Stipulates to their Ability to Pay the Child Support Order
• There is a Limited Exception Under Family Code Section 3103 that Can Create a Legal Duty for a Grandparent to Support a Grandchild
• To be Enforceable, a Premarital Agreement May Not be Unconscionable
• Under the California Rules of Court, a Notice of Appeal for a Domestic Violence Restraining Order Must be Filed Within 60 Days After Entry of Judgment, or Within 180 Days if Service was Not Proper
• Unrealized Expectations of Becoming Self-Sufficient May Constitute a “Change of Circumstances”
• Value of Term Life Insurance in Divorce Actions
• Voluntarily Deferring Income is Not Proper Basis for a Reduction of Spousal or Child Support
• Where a Spouse is Irresponsible with their Finances a Divorce Court May Terminate Spousal Support Based on a Finding of Self-Sufficiency
• Where Child Support Departs from Guideline Child Support, the Divorce Court Must Justify the Departure in Writing or on the Record
• Where One Spouse Can Afford to Continue a Standard Of Living Consistent with that Enjoyed During the Marriages, that Spouse May be Required to Pay Support if it Would Not Significantly Lower than the Payor Spouse’s Standard of Living
• Where there is a Change in Circumstances a Divorce Court May Order an Incremental Decrease in the Amount of Spousal Support Obligations Paid by One Spouse to the Other
• While a Parent’s Inheritance is Not Considered Income for the Purpose of Calculating Annual Gross Income it May be Considered by the Divorce Court in Determining Support Obligations
• Wife Failed to Meet Her Burden of Showing that the Premarital Agreement Was Involuntary
• Wife Had Standing to Bring Shareholder Derivative Suit to Claim an Interest in Deceased Husband’s Business